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LAWS AND DOCUMENTS 



RELATING TO 






The Cornell University 



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Printed by the Typographical Section of 
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LAWS AND DOCUMENTS. 



I. The Land Grant Act. — Public Laws of the United States, 
1862, Chapter 130. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That there be granted to the sev- 
eral States, for the purposes hereinafter mentioned, an amount of public 
land, to be apportioned to each State a quantity equal to thirty thousand 
acres for eack Senator and Representative in Congress to which the States 
are respectively entitled by the apportionment under the census of eighteen 
hundred and sixty : Provided, That no mineral lands shall be selected or 
purchased under the provisions of this act. 

% 2. And be it further enacted, That the land aforesaid, after being sur- 
veyed, shall be apportioned to the several States in sections or subdivisions 
of sections, not less than one quarter of a section ; and whenever there are 
public lands in a State subject to sale at private entry at one dollar and 
twenty-five cents per acre, the quantity to which said State shall be entitled 
shall be selected from such lands within the limits of such State, and the 
Secretary of the Interior is directed to issue to each of the States in 
which there is net the quantity of public lands subject to sale at private en- 
try at one dollar and twenty-five cents per acre, to which said State may be 
entitled under the provisions of this act, land scrip to the amount in acres 
for the deficiency of its distributive share ; said scrip to be sold by said States 
and the proceeds thereof applied to the uses and purposes prescribed in this 
act, and for no other use or purpose whatsoever : Provided, That in no case 
shall any State to which land scrip may thus be issued be allowed to locate 
the same within the limits of any other State, or of any territory of the 
United States but their assignees may locate said land scrip upon any of 



2 THE LAND GRANT ACT. 

the unappropriated lands of the United States subject to sale at private ei,try 
at one dollar and twenty-five cents, or less, per acre : And provided further, 
That not more than one million acres shall be located by such assignees in 
any one of the States : And provided further, That no such location shall be 
made before one year from the passage of this act. 

§3. And be it further enacted, That all the expenses of management, 
superintendence, and taxes from date of selection of said lands, previous to 
their sales, and all expenses incurred in the management and disbursement of 
the moneys which may be received therefrom, shall be paid by the States 
to which they may belong, out of the treasury of said States, so that the en- 
tire proceeds of the sale of said lands shall be applied without any diminu- 
tion whatever to the purposes hereinafter mentioned. 

§ 4. And be it further enacted, That all moneys derived from the sale of 
the lands aforesaid by the States to which the lands are apportioned, and 
from the sales of land scrip hereinbefore provided for, shall be invested in 
stocks of the United States, or of the States, or some other safe stocks, 
yielding not less than five per centum upon the par value of said stocks ; 
and that the moneys so invested shall constitute a perpetual fund, the cap- 
ital of which shall remain forever undiminished, (except so far as may be 
provided in section fifth of this act,) and the interest of which shall be in- 
violably appropriated, by each State which may take and claim the benefit 
of this act, to the endowment, support, and maintenance of at least one 
college where the leading object shall be, without excluding other scientific 
and classical studies, and including military tactics, to teach such branches 
of learning as are related to agriculture and the mechanic arts, in such 
manner as the legislatures of the Stakes may respectively prescribe, in or- 
der to promote the liberal and practical education of the industrial classes in 
the several pursuits and professions in life. 

V^ 5. And be it further enacted, That the grant of land and land scrip 
hereby authorized shall be made on the following conditions, to which, as 
well as to the provisions hereinbefore contained, the previous assent of the 
several States shall be signified by legislative acts : 

First. If any portion of the fund invested, as provided by the foregoing 
section, or any portion of the interest thereon, shall, by any action or con- 
tingency, be dismissed or lost, it shall be replaced by the State to which it 
belongs, so that the capital of the fund shall remain forever undiminished; 
and the annual interest shall be regularly applied without diminution to the 
purposes mentioned in the fourth section of this act, except that a sum, not 
exceeding ten per centum upon the amount received by any State under the 
provisions of this act, may be expended for the purchase of lands for sites 
or experimental farms whenever authorized by the respective legislatures 
of said States. 



THE LAND GRANT ACT. 3 

Second. No portion of said fund, nor the interest thereon, shall be ap- 
plied, directly or indirectly, under any pretense whatever, to the purchase, 
erection, preservation, or repair of any building or buildings. 

Third. Any State which may take and claim the benefit of the provisions 
.of this iict, shall provide, within five years, at least not less than one col- 
lege, as described in the fourth section of this act, or the grant to such 
State shall cease ; and said State shall be bound to pay the United State s 
the amount received for any lands previously sold, and that the title to pur- 
chasers under the State shall be valid. 

Fourth. An annual report shall be made regarding the progress of each 
college, recording any improvements and experiments made, with their 
costs and results, and such other matters, including State industrial and 
economical statistics, as may be supposed useful; one copy of which shall 
be transmitted by mail free, by each, to all the other colleges which may be 
endowed under the provisions of this act, and also one copy to the Secre- 
tary of the Interior. 

Fifth. When lands shall be selected from those which have been raised 
to double the minimum price, in consequence of railroad grants, they shall 
be computed to the States at the maximum price, and the number of acres 
proportionally diminished. 

Sixth. No State while in a condition of rebellion or insurrection against 
the government of the United States shall be entitled to the benefit of this 
act. 

Seventh. No State shall be entitled to the benefits of this act unless it 
shall express its acceptance thereof by its legislature within two years from 
the date of its approval by the president. 

§ 6. Afid be it further enacted, That land scrip issued under the provi- 
sions of this act shall not be subject to location until after the first day of 
January, one thousand eight hundred and sixty-three. 

§ 7. And be it further enacted, That the land officers shall receive the 
same fees for locating land scrip issued under the provisions of this act as 
is now allowed for the location of military bounty land warrants under 
existing laws ; Provided, their maximum compensation shall not be thereby 
increased. 

§ 8. And be it further enacted, That the Governors of the several 
States to which scrip shall be issued under this act shall be required to re- 
port annually to Congress all sales made of such scrip until the whole shall 
be disposed of, the amount received for the same, and what appropriation 
has been made of the proceeds. 

Approved, July 2, 1862. 



4 ACT ACCEPTING THE LAND GRANT. 

II. Act accepting the Land Grant. — Laws of New York, 1863, 
Chapter 460. 

AN ACT relative to the lands granted to this State by the act of Congress 
entitled " An act donating public lands to the several States and Ter- 
ritories which may provide colleges for the benefit of agriculture and 
the mechanic arts," approved second July, eighteen hundred and sixty- 
two, and authorizing the sale thereof, and the investment of the pro- 
ceeds of such sales. 

Passed May 5, 1863, three-fifths being present. 
The People of the State of New York, represetited in Senate and Assem- 
bly, do enact as follozvs : 

Section i. The comptroller of this State is hereby authorized to re- 
ceive from the proper authorities of the United States, the land scrip to be 
issued for the lands granted to this State by the act of Congress, approved 
July second, eighteen hundred and s'ixty-two, entitled "An act donating 
public lands to the several States and Territories which may provide colleges 
for the benefit of agriculture and the mechanic arts," and to give all neces- 
sary receipts or acknowledgments for the scrip which may be so received 
by him. 

§ 2. The said comptroller is hereby authorized, by and with the approval 
and concurrence of the Lieutenant-Governor, Attorney-General, Treaurer 
and Chancellor of the University, from time to time as he may deem proper 
to sell the said land scrip, or any part thereof for cash or for stocks, of the 
United States, or of the States or some other safe stocks yielding not less 
than five per centum upon the par value of said stocks, and to execute all 
necessary and proper transfers thereof. But no such scrip shall be trans- 
ferred and delivered to any purchaser thereof until the same shall have been 
fully paid for, or until payment thereof shall be fully secured by collaterals 
of such stock as above specified. 

§ 3. The comptroller shall make all such arrangements, employ such 
agents, and adopt such measures, in all respects, as he may deem most ex- 
pedient for effecting a judicious sale of said land scrip; and the treasurer, 
on the warrant of the comptroller, shall, from time to time, pay out any 
moneys in the treasury, not otherwise appropriated, all the expenses of 
management and superintendence, and taxes, if any, from the selection of 
said lands previous to their sale ; and all expenses incurred in the manage- 
ment and disbursement of the moneys which may be received therefrom, 
and of all incidental matters connected with or arising out of the manage- 
ment and sale of the said lands : so that the entire proceeds of the sale of 
of said lands shall be applied, without any diminution whatever, to the 
purposes mentioned in said act of Congress. 



GRANT TO THE PEOPLE'S COLLEGE. 5 

§ 4. The moneys which may be received on the sale of the said lands 
or land scrip, shall, from time to time, and as often as there shall be a suf- 
ficient accumulation for that purpose, be invested by the comptroller, in 
stocks of the United States, or of this State, or in some other safe stocks 
yielding not less than five per centum per annum on the par value of said 
stocks ; and the money so invested shall constitute a perpetual fund, the 
capital of which shall remain forever undiminished, except as provided for 
in and by the said act of Congress. 

§ 5. The comptroller shall keep separate books of account in his office 
of all matters relating to the said land scrip and lands, and the care, man- 
agement, sale, and disposition thereof, and of the investment of the mon- 
eys derived from the sale of the said lands and land scrip, and of the man- 
ner in which the income of the said fund may be disposed of, pursuant to 
an act of the legislature authorizing the application thereof, in conformity 
with the provisions of the act of Congress aforesaid. 

§ 6. The comptroller in his annual report to the legislature shall state 
the condition and amount of the said fund, the expenditures on account 
thereof, and all his proceedings and acts in regard thereto. 

§ 7. All moneys received by the comptroller under Lhe provisions of this 
act shall be forthwith deposited by him in the treasury of this State, as a 
trust fund, with which a special office and bank account shall be kept by the 
treasurer, so that the said moneys shall not be intermingled with the ordi- 
nary funds of the State, and the said moneys shall be paid out by the treas- 
urer, from time to time, on the warrant of the comptroller, when required 
by him for the purposes of being invested as hereinbefore mentioned. 

§ 8. This act shall take effect immediately. 



III. Act appropriating the proceeds of the Land Grant to the 
People's College. — Laws of New York, 1863; Chapter 511. 

AN ACT to appropriate the income and revenue which may be received 
from the investment of the proceeds of the sale of the lands granted 
to this State by the act of Congress entitled "An act donating public 
lands to the several States and Territories which may provide colleges 
for the benefit of agriculture and the mechanic arts," approved July 
second, eighteen hundred and sixty-two. 

Passed May 14, 1863, three-fifths being present. 

The People of the State of New York, represented in Senate and Assem- 
bly, do enact as follows : 



6 GRANT TO THE PEOPLE'S COLLEGE. 

Section i. The income and revenue which may be received from the 
investment of the proceeds of the sale of the lands, or any part of them, 
granted to this State by the act of Congress entitled " An act donating 
public lands to the several States and Territories which may provide col- 
leges for the benefit of agriculture and the mechanic arts," approved July 
second, eighteen hundred and sixty-two, shall be disposed of as herein- 
after directed. 

% 2. The said interest, income and avails of the said investment are 
hereby appropriated to, and shall from time to time, as the same shall be 
received, be paid over to the trustees of the People's college, located a t 
Havana in the county of Schuyler, for its use and behoof, in the mode and 
for the purposes in said act of Congress defined ; provided, however, such 
payments shall not be made unless the said trustees shall show to the satis- 
faction of the regents of the university of this State, and so to be certified 
by them, within three years from the passage of this act that the said trus- 
tees are prepared with at least ten competent professors to give instruction 
in such branches of learning as are related to agriculture and the mechanic 
arts, including military tactics, as required by the said act of Congress, and 
that they, the said trustees, own and are possessed of suitable college 
grounds and buildings, properly arranged and furnished, for the care and 
accommodation of at least two hundred and fifty students, with a suitable 
library, philosophical and chemical apparatus, and cabinets of natural histo- 
ry, and also a suitable farm, for the practical teaching of agriculture, of at 
leasf two hundred acres, with suitable farm buildings, farming implements 
.and stock; and also suitable shops, tools, machinery, and other arrange- 
ments for teaching the mechanic arts, all of which property must be held by 
the trustees absolutely, and be fully paid for ; and provided further, that 
the said college shall be subject to the visitation of the said regents ; and 
provided further, that the said payment shall cease whenever, in the opin- 
ion of the said regents, the said college shall neglect to fulfill the conditions 
of this appropriation ; "and \ hat whenever the proceeds of the investment 
or investments aforesaid shall be in excess of the needs of said college, the 
regents of the university, who shall have power to determine the amount 
of such excess, shall notify the comptroller, and he shall thereafter . with- 
hold the same from said, college; and provided further, that the said Peo- 
ple's College shall conform to the act of Congress aforesaid in making an 
annual report, and transmitting copies thereof to the Secretary of the In- 
terior at Washington and to other colleges. 

% 3. From and after the time the said trustees of the said college shall 
have become entitled to the benefits of this act as aforesaid, the said col- 
lege grounds, farm, workshops, fixtures, machinery, apparatus, cabinets 



GRANT TO THE PEOPLE'S COLLEGE. 7 

and library shall not be encumbered, aliened or otherwise disposed of by 
the said trustees ; and any attempt by the said trustees so to do, shall be 
utterly void, and of no effect. But such machinery, apparatus, cabinets and 
library, or any part thereof, may at any time be disposed of by the said 
trustees on reasonable cause thereof being shown, to the satisfaction of the 
regents, and on such terms as the said regents may approve. 

§ 4. From the commencement of the year one thousand eight hundred 
and sixty-eight, or whenever in the opinion of the regents of the university, 
the income arising from the investments provided for in this act shall war- 
rant the same, the People's College shall receive students from each county 
in this State, and shall give and furnish to them instruction in any or all 
the prescribed branches of study pursued in any department of said institu- 
tion, free from any tuition fee or any incidental charges to be paid to said col- 
lege ; and the regents of the university shall, from time to time, designate the 
number of students to be so educated, but they shall be selected, or cause 
to be selected, by the chancelor of the university and the superintendent of 
public instruction, who shall jointly publish such rules and regulations in re- 
gard thereto as will, in their opinion, secure proper selections, and stimulate 
competition in the academies, public and other schools in this State. From 
and after the same time, also, the said regents of the university shall each 
year in accordance with the income of the college, determine the number 
of youth of the State of New York whom the Faculty of the college, after 
due examination and with the approbation of the trustees thereof, shall ad- 
mit as properly qualified students, who shall be exempt from any payment 
for board, tuition, or room rent ; but in the selection of students preference 
shall be given to the sons of those who shall have died in the military or 
naval service of the United States. 

§ 5. The remainder of the income and revenues mentioned in the first 
section of this act, not appropriated to the People's College, as aforesaid, 
shall be paid over from time to time, in such manner and proportions as the 
said regents shall determine, to such of the colleges of this State as shall be 
willing to comply in their arrangements and instruction to the requisitions 
of the act of Congress aforesaid, and in such manner as in the judgment of 
the said regents shall best carry out the true intent and meaning of the 
said act, having reference in such selection and division to the existing ar- 
rangements of such colleges respectively, for instruction in agriculture and 
the mechanic arts, and giving preference as far as may be to such institu- 
tion as shall receive endowments after the passage of this act, for the pur. 
pose of advancing instruction in agriculture and the mechanic arts. The 
provisions of the third section of this act shall apply to the institutions so 
selected as aforesaid. 

§ 6. All payments to be made under this act, shall be made by the 



8 COLLEGE LANDS AND LAND SCULP FUND. 

treasurer, on the warrant of the comptroller, out of the special or trust fund 
on deposit with the treasurer, arising from the receipt of the income and 
revenue mentioned in the first section of this act. 

$ 7. The Legislature may, at any time, alter, amend, or repeal this 
act. 

§ 8. This act shall take effect immediately. 



IV. College Lands — Extract from the Comptroller 's Report, 
1864, page 28. 

The scrip for the lands granted by Congress to the State for the benefit 
of colleges giving instruction in the agricultural and mechanic arts, has been 
received. The portion for the State of New York is 990,000 acres and is em- 
braced in 6,187 pieces of scrip for 160 acres each. This scrip is to be sold 
and each piece assigned to the purchaser by the Comptroller, and the funds 
and accounts are to be kept entirely separate and distinct from all other 
State funds, and all the expenses of obtaining and selling the scrip are made 
chargeable upon the General Fund. 

The whole of the income, without any deduction is appropriated to the 
People's College. The effect is to make the overburdened General Fund an 
annual and perpetual contributor to that College. It had already obtained 
in 1862, a direct appropriation of $20,000 from the treasury. The income 
from this land fund, if the scrip should sell at anything like present 
prices, would be not less than $40,000 per year. Altogether this makes a 
very munificent endowment for a college, which, although incorporated near- 
ly eleven years ago, has never yet had a professor nor a pupil. The appro- 
propriation of $20,000 from the General Fund, it would seem, might proper- 
ly be repealed, especially as it cannot be paid without borrowing the 
money. 

In order to procure the early issue and delivery of the scrip, it became 
necessary to employ an agent to attend to it at Washington. Mr. William 
T. Steiger, of that city, was employed for that purpose, and performed faith- 
fully and successfully the duty required of him. A suitable compensation 
should be made to him. His letter detailing his services will be submitted 
to the Finance Committees. 

An appropriation will also be required to cover the expenses of selling the 
lands, investing and managing the fund. The act authorizing the Comp- 
troller to receive and sell the scrip and invest the proceeds, directs him to 
pay all necessary expenses, but makes no appropriation for that pur- 
pose. 



DOCUMENTS RELA TING TO THE PEOPLES COLLEGE. 9 

V. College Land Scrip Fund. — Extract from the Comptroller's 
Report, 1S65, pages 29 and 47. 

After the receipt from the United States of the scrip for lands granted 
for the benefit of colleges giving instruction in the agricultural and mechanic 
arts, a consultation was had with the officers designated in the act of the leg- 
islature, directing a sale of such scrip, and the price was fixed at eighty-five 
cents per acre, and the scrip advertised for sale. In the course of a few 
months sales were made to the extent of 475 pieces, equal to 76,000 acres, 
at the rate of eighty-five cents per acre, except that upon the first parcel of 
50 pieces sold, a rebate of two cents per acre was allowed, in consideration 
of certain advantages offered in the matter of advertising in the Northwest- 
ern States. The total amount received on all the sales made is $64,440. 
This amount remains on deposit, at an interest of three per cent., awaiting 
a favorable opportunity for permanent investment. The People's College, 
to which the whole income of the fund was appropriated, has not applied for 
any part of it, and has not, it is understood, as yet complied with the con- 
ditions upon which the appropriation was made. The sales of the scrip 
have recently almost entirely ceased in consequence of other States reducing 
the price to a much lower rate than that at which it is held by this State. 
It therefore becomes an important question whether the price should also 
be reduced here and sacrifices made to insure sales, or the land be held as 
the best security for the fund until the sales can be made at fair rates. My 
own judgment is in favor of the latter course, but any indication of the 
opinion of the Legislature upon the subject would be cheerfully followed. 
Received on account of the College Land Scrip Fund. 

For sales of Land Scrip $64,440.00 

Interest on Deposits 322.40 

$64,762.40 



VT. Documents relating to the People's College. — Extract from 
the Report of the Regents of the University of the State of 
New York, 1865, pages 193-199. 

February 6, 1865. 

The Regents met pursuant to adjournment. 

Present — The Lieutenant-Governor, the Superintendent of Public In- 
struction, Mr. Corning, Mr. Clinton, Mr. Hawley and Mr. Johnson. 

In the absence of the Chancellor, Mr. Corning, the senior Regent 
present, took the chair. 



io DOCUMENTS RELATING TO THE PEOPLES COLLEGE. 

The minutes of the last meeting were read and approved. 

The following resolution from the Senate was read : — 

Senate, Albany, February 4, 1865. 
On motion of Mr. White : 

Resolved, That the Board of Regents be requested" to communicate to 
this body any information in their possession in regard to the People's 
College at Havana ; and to state whether, in their opinion, said college is, 
or within the time specified in chapter 511 of the laws of 1863, is likely to 
be in a condition to avail itself of the fund granted to this State by the act 
of Congress donating public lands to the several States and Territories 
which may provide colleges for the benefit of agriculture and the mechanic 
arts. 

By order of the Senate : James Terwilliger, Clerk. 

The following resolution was submitted by Mr. Johnson, and 
adopted : — 

Resolved, That the resolution' of the Senate be referred to the Committee 
now in charge of the communication from the Literature Committee of the 
Senate ; and that they be empowered and instructed to visit the People's 
College, and inquire into the subjects referred to in the Senate resolution, 
which visitation may be made by one or more of the committee, with the 
Secretary ; and that the committee report the result of their visitation to 
the Regents. 



VII. Documents relating to the People's College. — Senate Docu- 
ment No. 45, Eighty-eighth Session, 1865. 

Communication from the Regents of the University of the State of New 
York in answer to a resolution of the Senate of the 4th instant, relative to 
the People's College at Havana. 

.University of" the State of New York, ) 
Office of the Regents, V 

Albany, February 14, 1865. ) 
The Regents of the University, in compliance with a resolution of the 
honorable the Senate, of the 4th day of February instant, " requesting them 
to commuicate to the Senate any information in their possession. in regard 
to the People's College at Havana, and to state whether, in their opinion 
said college is, or within the time specified in chapter 511 of the Laws of 
1863, is likely to be, in a condition to avail itself of the fund granted to this 
State by the act of Congress, donating public lands to the several states 
and territories which may provide colleges for the benefit of Agriculture 
and the Mechanic Arts." 



DOCUMENTS RELA TING TO THE PEOPLE'S COELEGE. n 
Respectfully Report: 

That the subject of the resolution received their early attention, and that 
on the 6th instant, a committee, consisting of the Hon. Alexander S. John- 
son, the Hon. George W. Clinton, and the Secretary of the Board, was 
instructed to visit the People's College, and inquire into the subjects re- 
ferred to in the Senate resolution, and to report the result of their visita- 
tion to the Regents. 

In conformity with the above directions, the committee visited the col- 
lege, and have this day submitted to the Regents the following report : 

To the Regents of the University' of the State of New York: 

The undersigned who, under the resolution of the Regents, were desig- 
nated to visit the People's College at Havana, respectfully report that, in 
pursuance of the directions of the said resolution, they proceeded to Ha- 
vana and there visited and examined the said college, and that they exam- 
ined on oath as many persons connected with the said ci illege, as sufficed 
to give a full account of the present state and condition of the said college, 
and that in addition to those persons, the Hon. Charles Cook, of Havana, 
appeared before the committee, and made to them a declaration in writing, 
copies of which depositions and declaration are hereunto annexed. 

The committee further report that, in their opinion, the matters stated 
in the said deposition and declaration are true; that the college building is 
of a very substantial and excellent character, and well calculated for the 
purposes for which it has been erected, and that it contains ample room for 
the accommodation of more than one hundred and fifty students, with the 
number of professors and teachers required by the terms of the act of 
1863, but that it is not- sufficient for the accommodation of two hundred 
and fifty students. 

The committee further report that in their opinion the requirements of 
the 2d section of chapter 511 of the Paws of 1863 have not been complied 
with by the said People's College, so as to entitle it at the present time to 
receive the proceeds of the fund therein mentioned. 

The committee further report that the depositions and declaration hereto 
annexed, contain all the materials which they have been able to collect bear- 
ing upon the question, whether the said college within the time mentioned 
in the said act, is likely to be in a condition to avail itself of the said fund, 
in accordance with the terms of the said act, and that they recommend that 
the same be respectfully submitted to the judgment and discretion of the 
Senate. 

All of which is respectfully submitted, 

ALEXANDERS. JOHNSON, 
GEORGE W. CLINTON, 
S. B. WOOLWORTH. 



12 DOCUMENTS RELA TING TO THE PEOPLE'S COLLEGE. 

Whereupon the report was on motion adopted, and ordered with the ac- 
companying papers to be transmitted to the Senate, as the answer of this 
Board to the resolution of that body. 

Which is hereby done in accordance with said order. 

S. B. WOOLWORTH, Secretary. 



TESTIMONY TAKEN AT HAVANA. 

(Copy.) 

At a meeting of the committee of the Regents of the University, appoint- 
ed under the Resolution of the Senate of February 5, 1865, held at the 
Montour House, in the village of Havana, February 9, 1865, 
Present — Mr. Johnson, Mr. Clinton, The Secretary. 
John Phin being duly sworn, deposes as follows : 

I am professor of chemistry and physics as applied to agriculture and 
the mechanic arts, and discharge the duties usually devolved on the pres- 
ident or senior professor of a college. I was appointed professor of agri- 
culture, November, 1863, and professor of chemistry and physics in April, 
1864, after the inauguration of Dr. Brown, the president of the college. 

I began instruction in the college, April 15, 1864. The other professors 
and tutors at the present time are E. J. Picket, professor of geology, min- 
eralogy and mining ; Oscar F. Whitford, professor of mathematics, pure 
and applied; A. G. Evarts, tutor; Edgar M. Breese, teacher of penman- 
ship and book-keeping. 

In the part of the building now completed are seventy-eight rooms for 
professors and scholars. In addition to these there are the class rooms. 
The rooms on the several floors are nearly as follows : 

On the first floor above the basement there are eight class rooms and two 
rooms for officers of the college. 

On the second, twenty rooms and two class rooms. 
On the third, twenty-four rooms. 

On the fourth, twenty-three small and two large rooms. 
On the fifth, five rooms. 

These rooms will accommodate from one hundred and fifty to two hundred 
and fifty scholars, according as two, three or four scholars, occupy each 
room. All the rooms are sufficient for at least two scholars in each. 

About two thousand volumes have been collected for the use of the col- 
lege. These consist principally of Congressional documents, including the 
Smithsonian Contributions, Pacific railroad reports, and documents of the 
State of New York. No library has been purchased for the college. 



DOCUMENTS RELATING TO THE PEOPLE'S COLLEGE. 13 

The college has no philosophical or chemical apparatus. The professor 
of chemistry has a large and valuable apparatus, the cost of which, before 
the depreciation of currency, was about three thousand dollars. It is to be 
used for the purposes of the college, and is ample for the illustration of 
instruction in the classes. The college is not yet provided with shops, 
tools, machinery or other arrangements for teaching the mechanic arts, nor 
with farm buildings, farm implements or stock. 

Instruction in the college course has not yet commenced. All scholars 
hitherto admitted have pursued the preparatory course. 

Scholars now in attendance are of both sexes. There are seventy-five 
girls and seventy-three boys. The average age of the boys is 15 ft years; 
and of the girls, 1 5 -ft years. Of the one hundred and forty pupils in at- 
tendance two weeks since, one hundred and thirteen were over fourteen 
years. Eight pupils have been admitted within two weeks, and are between 
the ages of sixteen and twenty-one. 

Instruction is now given in all the subjects enumerated in the preparatory 
course, in a paper annexed, marked A, except physiology, zoology, mine- 
ralogy and geology. Instruction in botany has been suspended during the 
winter, and will be resumed in the proper season. 

Instruction has also been given in land surveying, analytical geometry, 
chemistry, and the French language. For admisson to the preparatory de- 
partment, no conditions of age or scholarship are required. 

The charge for tuition is fifteen dollars a year, and is paid by all scholars. 
The receipts for tuition are applied to the payment of contingent expenses. 
Twenty-seven scholars occupy rooms in the building. Twenty-seven boar'l 
there. JOHN PHIN. 

Edwin J. Picket being sworn deposes as follows : 

I am professor of geology and mineralogy in the People's College, and 
have charge of the preparatory department. My connection with the col- 
lege as a teacher began April, 1864. A society for improvement in nat- 
ural history has been formed, and field explorations have been made un- 
der my guidance. I confirm the statements made in the affidavit of Pro- 
fessor Phin. 

I am a graduate of the University of Rochester, of the class of 1856, and 
have been mostly engaged in giving instruction since that time. The col- 
lege has a small collection of rocks, fossils and minerals, collected by the 
members of the society above referred to. I have a collection of some six 
thousand specimens of fossils and minerals, illustrating the geology of the 
State, which is intended to be used for the purposes of instruction. 

EDWIN J. PICKET. 

Theodore L. Minier, being sworn deposes as follows : 



14 DOCUMENTS RELA TING TO THE PEOPLE'S COLLEGE. 

He is treasurer of the college, and is acquainted with the property of the 
college. It consists of one hundred acres of land in the town of Montour, 
upon which is erected a college building, the cost of which has been sixty 
thousand dollars, before the depreciation of the currency. There has been 
expended for furniture in the college, about one thousand dollars. There are 
unpaid subscriptions to the amount of about three thousand and eight hun- 
dred dollars ; no more than twenty-five or thirty per cent is deemed collect- 
able. There are about two thousand volumes of books. The property 
above enumerated is all of which the deponent has knowledge as belonging 
to the college. 

There has been expended in cash, on account of the college, seventy 
thousand two hundred and thirty-six dollars. Of this sum fifty-six thou- 
sand and ninety-five dollars have been contributed by Charles Cook, and 
fourteen thousand one hundred and forty dollars by others. The largest 
sum contributed by any other individual than Mr. Cook, is thirteen hun- 
dred and fifty dollars. Of the above $70,236, three thousand dollars with 
some items of -interest on the same, have been paid for the lands of the 
college. The sum of thirty-one thousand seven hundred dollars men- 
tioned in an agreement between the trustees of the People's College and 
Charles Cook, and which is recorded in the clerk's office of Schuyler coun- 
ty, under date of June 17, 1863, in Book I of miscellaneous records, page 
147, is part of the seventy thousand two hundred and thirty-six dollars 
disbursed pn account of the college, as above mentioned. The two thou- 
sand dollars due to J. McGuire, Esq., guardian, mentioned in said instru- 
ment, has been paid, and is part of the three thousand dollars above 
mentioned. Since February 23, 1863, the sum of thirteen thousand 
nine hundred and seventy-four dollars has been paid; and is also a 'part of 
the $70,236 before mentioned, and much the larger portion of the same 
has been paid since May; 1863. 

THEO. L. MINIER. 

[See annexed paper marked B.] 

Caleb Hill, being sworn, says he resides in the village of Havana, and 
is a carpenter and joiner ; was the builder of the Montour House, and of 
St. Paul's Church ; knows the People's College building, and has worked 
on it at various times from its commencement, and has had charge of the 
work on it since March, 1864; the character of the work is of a good and 
substantial kind, as are also the materials used ; gas pipes are laid through 
the entire building ; the building is completed above the basement, except 
1 !ie railing of two flights of side stairs ; the necessary expenditure for the 
< curpletion of the stairs above named and the basement will be about six 
In:;, '.red dollars ; the deponent has been directed by Mr. Cook to proceed 



DOCUMENTS RELA TING TO THE PEOPLE'S COLLEGE. 15 

with the work until it is completed \ has been at work since December I, un- 
til a short time since; the work is at present only temporarily suspended by 
reason of other engagements ; there are flues in the walls for the convey- 
ance of hot air from the basement for warming the entire building, but the 
heaters and registers have not been provided, and the expense of them is 
not included in the above estimate. 

CALEB HILL. 

STATEMENT OF MR. CHARLES COOK. 

Charles Cook, of Havana, thinks it proper to declare that the instrument, 
a copy of which is hereunto annexed marked B, was taken by him solely to 
secure the continued application of the property which he had contributed 
to the People's college, to and for the public literary and educational pur- 
poses for which the college was incorporated; and that he is willing and 
ready to release all rights under the same, or to transfer those rights to the 
Regents of the University, or any other public body as the Legislature may 
direct or desire, provided only that thereby the continued application of his 
contributions may be secured for the public purposes for which they were 
given, and the endowment of the college be placed on a secure and satis- 
factory basis. 

CHARLES COOK. 

Dated at Havana, February 9, 1865. 



APPENDED PAPERS. 
[A.] 

THE PEOPLE'S COLLEGE. 

This Institution is now open for the reception of Students — the next term 
commencing on the 4th day of January, 1865. The design of the People's 
COLLEGE is to impart a thoroughly practical, scientific and literary educa- 
tion, especially in the departments of agriculture and the mechanic arts. 

With a noble generosity and enlightened liberality, almost unknown in 
the history of nations, the United States appropriated several millions of 
acres of land for the purpose of giving her young men such an education as 
would fit them for the practical duties of life as producers and manufactu- 
rers, asking in return that each one who avails himself of her munificent pro- 
vision should so far qualify himself in military science as to be able to ren- 
der her efficient aid against foreign foes and domestic traitors. 

The share of these lands allotted to the State of New York amounts to 
nearly one million acres, the income from which has been appropriated by 



16 DOCUMENTS RELA TING TO THE PEOPLE'S COLLEGE. 

the State legislature to the People's College, upon condition that it fully 
carry out the provisions of the congressional act. 

To carry out these provisions, and disseminate as widely as possible the 
magnificent advantages proffered thereby, will be our especial aim. 

The college course will extend over four years, and as it is designed not 
only to give a sound and thorough general education, but especially to pre- 
pare young men for the pursuit of agriculture, the mechanic arts and gen- 
eral business, it has been deemed advisable to divide it after certain prog- 
ress, into departments in which the studies peculiarly related to these sev- 
eral subjects shall be made the prominent feature. For although the gen- 
eral curriculum of study, both in the preparatory department and the first 
years of the college course must be the same for all students, it is obvious 
that while agriculture, as a science, depends upon the thorough cultivation 
of chemistry and the higlier departments of natural history as relating to 
plant life, comparative anatomy, &c, the mechanic arts depend for their 
developement almost wholly upon the principles of mathematics, and have 
but little relation to natural history. In the very nature of things, then, 
the division above referred to becomes imperative. 

It must be borne in mind also, that physical science, as a whole, has be- 
come so wonderfully developed and extended, as to be beyond the grasp of 
any one mind. It will therefore be the object of this college, while offer- 
ing a general course of study equal to that of any other institution, to af- 
ford to the student in these special departments such facilities for culture 
as will enable him to acquire a practical acquaintance with the applications 
of science, beyond the reach of institutions which distribute his energies 
over a wider field. 

At the same time it is proper to add that while the developement of the 
worker is thus cared for, the culture of the man will be by no means neg- 
lected. 

The Preparatory Course 

Will extend over a period of three years, and will embrace thorough in- 
struction in English grammar, geography (political and physical), arithme- 
tic, algebra, geometry and trigonometry, Latin (grammar, Caesar, Virgil, 
six books ; Cicero, four orations), Greek (grammar and reader), together 
with the elements of physiology, zoology, botany, mineralogy, geology and 
natural philosophy. 

College Course. 

Candidates for admission to the college course must sustain a satisfactory 
examination in the studies of the preparatory department. The range of 
study embraces thorough drill in conic sections, analytical geometry, calcu- 



DOCUMENTS PEL. (77JVG TO THE PEOPLE'S COLLEGE. 17 

lus, land surveying (including plotting, mapping and field work) ; topo- 
graphical and mechanical drawing; mechanics; descriptive geometry; shades, 
shadows, perspective and drawing in water colors ; strength of materials, 
bridge building, engineering structures, roads and railroads, architecture, 
landscape gardening, theory and practice of agriculture and horticulture, 
anatomy (human and comparative), geology, zoology, mineralogy and min- 
ing; general agriculture, technological and analytical chemistry ; physics 
(mechanical and chemical), astronomy, logic, mental science, French, Ger- 
man, Latin, and Greek. 

Instruction is imparted chiefly by recitations, but courses of lectures upon 
different subjects connected with their several chairs, are frequently deliv- 
ered by the professors. Arrangements have been made for a course of lit- 
erary lectures during the coming term, as well as for a thorough course 
upon the theory and practice of agriculture and horticulture. 

Music. 

Rooms have been assigned to Mrs. A. M. Stone, who will give lessons 
in vocal and instrumental music, at the rate of $12 per term. Use of in- 
strument $4 per term, extra. 

Penmanship and Book-keeping. 

This department lias been organized under Professor Breese, and stu- 
dents who desire to do so, can pursue a thorough course of instruction in 
every branch of these studies. Fees $3 per term for penmanship and book- 
keeping. 

N. B. — The fees for music, penmanship and hook-keeping are not in- 
cluded ii, the regular college fees. 

Boarding. 

Students are provided with rooms in the building free of charge, and 
board can be procured in the instution l>y such as desire it at the rate of 
$45 per term. 

Tuition. 

Each college year contains three terms, and the fees for tuition are $5 
per term. The terms for 1864-5 are as follows : 

First term August 15th to December 16th, 1864. 

Second term January 4th to April 5th, 1865. 

Third term - April 12th to July 20th, 1865. 

First term (1865-6).. ..September 7th to December 22d, 1865. 

Library, Apparatus and Cabinets. 

The institution is in possession of the nucleus (about 2,000 volumes) of 



18 DOCUMENTS RELATING TO THE PEOPLE 'S COLLEGE. 

a very fine library, and the apparatus used in imparting instruction in the 
physical sciences is very complete and of the most modern construction. 
The college is also provided with cabinets of specimens in various depart- 
ments of natural history, to which constant additions are being made. 

Those desiring further information in regard to the institution will please 
address, • JOHN PHIN, 

Secretary of the Faculty of the Peopled College. 

Havana, Schuyler County, N. Y. 

• [B] 

At a meeting of the trustees of the People's College, held at the Mon- 
tour House in Havana, September 3d, 1862, Present — Horace Greeley, 
Charles Cook, George J. Pumpelly, A. I. Wynkoop, E. C. Frost, Horatio 
H. Woodward, Amos Brown, George D. Beers, William H. Banks, Joseph 
Carson. 

Hon. Horace Greeley was, on motion, appointed chairman, pro tempore. 

Proceedings of the last meeting were read and the minutes approved. * * 

The Hon. Charles Cook, who has paid out of his own funds the sum of 
$31,700 (in addition to his subscription of $25,000) for the erection of the 
edifice of the People's College, now most generously proposes to convey to 
the trustees of said college, by warrantee deed, sixty acres of land, on 
which the said edifice is erected, which with the 40 acres purchased of the 
Bower's estate, gives the college a title to one hundred acres of land, includ- 
ing the college buildings, free and clear from all incumbrance, except two 
thousand dollars due to J. McGuire, Esq., guardian of Bower's heirs, be- 
ing a balance due on the purchase from them. 

It was then moved. That the Rev. Amos Brown, President of the col- 
lege, be and he is hereby authorized and directed to execute under the cor- 
porate seal of said college, a writing in words as follows : 

( Copy. ) 

"Whereas Charles Cook, of Havana, in the County of Schuyler, and 
State of New York, has advanced and paid to the trustees of the People's 
College, in addition to the voluntary subscription made by him to said col- 
lege, the sum of thirty-one thousand seven hundred dollars, and which sum 
has been expended in the erection of the college edifice, and for which ad- 
vance said college trustees are indebted to said Charles Cook, and whereas 
the said Charles Cook has this day executed and delivered to said trustees 
a conveyance in fee sfrnple of said college edifice, and in addition thereto 
about sixty-two acres of land, upon which said college edifice is situated; 
now, therefore, it is hereby expressly agreed and understood by and be- 
tween the said Charles Cook and the trustees of the People's College, that 



DOCUMENTS RELATING TO THE PEOPLE'S COLLEGE. 19 

said conveyance is given and accepted upon the express condition that said 
edifice and said premises are to be used and appropriated to and for the 
purpose for which the act of the Legislature incorporating the People's 
College was passed, and that the same is to be kept and maintained as a 
People's College, according to the plan, purposes and object for which the 
same is incorporated, and as long as the said corporation is indebted to the 
said Charles Cook, his executors, anministrators or assigns, or shall be and 
remain indebted as aforesaid, or in any part thereof, the said trustees shall 
not sell or convert said college edifice, or said premises, to any other object 
or purpose than to keep and maintain "the People's College," or to encum- 
ber said premises, or any part thereof, by mortgage or otherwise; upon the 
failure of said corporation to keep and maintain\aid college, or an aban- 
donment of said enterprise by the trustees thereof, while so indebted as 
aforesaid, the said conveyance shall be null and void, and of.no effect. But 
nothing in this contained shall be deemed to give the said Cook a priority 
of the lien of the state, provided for in the third section of the act of the 
Legislature, passed April 24th, 1862, entitled "an act making an appropri- 
ation to the People's College." 

(Signed) ■ AMOS BROWN, 

President of College, i Sea! of 

/ People'; 

f College. 



i\ 



"State of New York, 1 

Schuyler County, J 

"On this fifteenth day of December, one thousand eight hundred and 
sixty-two, before me personally came Amos Brown, the president of the 
People's College, to me known, who being by me duly sworn, did make 
oath that he resided in the village of Havana, in the county of Schuyler; 
that he was president of the People's College ; that he knew the corporate 
seal of said college ; that the seal affixed to the above instrument was the 
corporate seal of said college ; that it was so affixed by order of the Board 
of Trustees of said college ; and that he signed his name thereto by like 
order as president of said college. 

(Signed) T. L. MINIER, ~~.~^ 

A T otary Public. i Notary ) 

"1 Seal. i 



On this motion the ayes and nays were ordered, and the motion was 
decided in the affirmative by the following vote : ayes, Messrs Horace 
Greeley, George I. Pumpelly, A. I. Wynkoop, Amos Brown, William H. 
Banks, Abraham Lawrence, Horatio H. Woodward, Joseph Carson, E. B. 



2 o CHARTER OF THE CORNELL UNIVERSITY. 

Morgan, George D. Beers, Constant Cook, E. C. Frost. Nays none. 

The board adjourned, subject to the call of the president and secretary. 

Adjourned. 

HORACE GREELEY, Chairman. 

Charles Cook, Secretary. 

The above paper is endorsed " People's College by resolution of the 
Board of Trustees, to Charles Cook, agreement. December 15, 1862. 
"Schuyler County, ss. : 

" Recorded June 17, 1863, at S o'clock, a. M., in Liber I of Miscellane- 
ous Records, on page 147, and examined. 

D. G. WEAVER, Clerk." 



VIII. Charier of the Cornell University. — Law's of New York, 

1865, Chapter 585. 
AN ACT to establish the Cornell University, and to appropriate to it 
the income of the sale of public lands granted to this .State by Congress 
on the second day of July, eighteen hundred and sixty-two, also to 
restrict the operation of chapter five hundred and eleven of the laws of 
eighteen hundred and sixty-three. 

Passed April 27, 1865 ; three-fifths being present. 

The People of the State of New York, represented in Senate and Assembly 
do enact as follows : 

Section i. Ezra Cornell, William Kelly, Horace Greeley, Josiah B. 
Williams, William Andrus, John McGraw, George W. Schuyler, Hiram 
Sibley, J. Meredith Read, John M. Parker, and other such persons as may 
be associated with them for that purpose, are hereby created a body politic 
and corporate, to be known as the Cornell University, which university 
shall be located in the town of Ithaca, in the county of Tompkins, in this 
State. The corporation hereby created shall have the rights and privileges 
necessary to the accomplishment of the object of its creation as declared in 
this act, and in the performance of its duties, shall be subject to the pro- 
visions and may exercise the powers enumerated and set forth in the second 
article of the fifteenth chapter, title one, of the Revised Statutes of the 
State of New York. 

$ 2. The first board of trustees of said corporation shall consist of the 
persons named in the first section of this act, together with the governor 
and lieutenant-governor, the speaker of the house of assembly, the super- 



CHARTER OF THE CORNELL UNLVERSLTY. 21 

intendent ol public instruction, the president of th state agricultural 
society, the librarian of the Cornell library and the eldest male lineal 
descendant of Ezra Cornell, who shall be ex-officio members thereof. 
There shall be seventeen trustees, exclusive of the ex-officio trustees ; and, 
to make up the said number cf seventeen, the ten persons who are named 
in the hist section of this act, anil the said ex-officio trustees, or a quorum 
of all of them, shall, at their first meeting, in pursuance of this act, elect 
seven other persons to act with themselves as members ol' said board of 
trustees. But at no time shall a majority of the board be of one religious 
sect, or of no religious sect. 

\N 3. The farm and grounds to be occupied by. said corporation, whereupon 
its buildings shall be erected, in such manner and to such extent as the 
trustees may from lime to time direct and provide for, shall consist of not 
less than two hundred acres. 

vS 4. The leading object of the corporation hereby created shall be to 
teach such branches of learning as are related to agriculture and the me- 
chanic arts, including military tactics ; in order to promote the liberal and 
practical education of the industrial classes in the several pursuits and 
professions in life. But such other branches of science and knowledge may 
be embraced in the plan of instruction and investigation pertaining to the 
university as the trustees mas deem useful and proper. And persons of 
every religious denomination, or of no religious denomination, shall be 
equally eligible to all offices and appointments. 

§ 5. The corporation hereby created may hold real and personal property 
to an amount not exceeding three millions of dollars in the aggregate. 

§ 6. The income, revenue and avails which shall be received from the 
investment of the proceeds of the sale of the lands, or of the scrip 
therefor or any part thereof, granted to this State by the act of Congress, 
entitled " An act donating public lands to the several States and Territories 
which may provide colleges for the benefit of agriculture and the mechanic 
arts," approved July second, eighteen hundred and sixty-two, are hereby 
appropriated to, anil shall, from time to time as the same shall be received, 
be paid over to the trustees of the corporation hereby created, for its use 
and behoof in the the mode and for the purposes in said act of Congress de- 
fined, provided, however, that no part of such payment shall be made 
unless the said trustees shall prove to the satisfaction of the Comptroller, 
within six months after the passage of this act, that the said corporation 
possesses a fund of five hundred thousand dollars at least, given by Ezra 
Cornell, of Ithaca aforesaid, which last named fund shall be given absolute- 
ly and without any limitation, restriction or condition whatsoever, save 
such as in accordance with the provisions of this act, nor shall the same 
be in any manner repaid or returned to the said Cornell, his representatives 



22 CHARTER OF THE CORNELL UNIVERSITY. 

or assigns, except as in this act provided, and any vote or resolution, or act 
or proceeding to return or repay the same, except as in accordance with 
this act, shall be void ; and provided further, that no such payment shall 
be made unless within six months from the passage of this act said Ezra 
Cornell, of Ithaca, shall pay over to the trustees of Genesee college, located 
at Lima in this State, the sum of twenty-five thousand dollars, for the pur- 
pose of establishing in said Genesee college a professorship of agricultural 
chemistry. Provided further, that the trustees of the People's college at 
Havana may, in place of strict compliance with the conditions of the act, 
chapter five hundred and eleven of the laws of eighteen hundred and sixty- 
three, in the details thereof, within three months from the passage of this 
act, deposit such a sum of money as in addition ttf> the amount already ex- 
pended by them upon or for the purposes of their corporation, shall, in the 
opinion of the regents of the university of New York, be sufficient to enable 
the said trustees fully to comply with the conditions of the said chapter 
five hundred and eleven of the laws of eighteen hundred and sixty-three. 
Such deposit, if made, shall be made in such piace, and on such terms, as 
shall be satisfactory to the said regents of the university. And the said 
deposit shall not be withdrawn or removed, or in any way affected or im- 
paired, except to be applied under the directions of the said regents, for the 
purposes of the said People's College, or upon the trustees thereof relinquish- 
ing any claim to the benefit of the said act of eighteen hundred and sixty- 
three. But nothing contained in this provision shall release the said trustees 
of the People's ccollege from the conditions and obligations imposed or con- 
tained in section three of said act. They shall, on the contrary, in addition 
to the making and continuing such deposit as aforesaid, within the said three 
months, show- to the satisfaction of the said regents that they have com- 
plied with the requirements of the said section three, and that the college 
grounds, farm, work shops, fixtures, machinery, apparatus, cabinets and 
library occupied or owned by them, are not encumbered, aliened or other- 
wise disposed of. And nothing contained in this provision shall release the 
said trustees of the People's College from a full and perfect performance of 
the terms and conditions of the said act, chapter five hundred and eleven of 
the laws of eighteen hundred and sixty-three, in all its details and within 
the time therein limited therefor. Nor shall the trustees of the said Peo- 
ple's College receive from the Comptroller any portion of the income and 
avails of the said lands until they have complied with and performed the 
terms and conditions of the said act, chapter five hundred and eleven of the 
laws of eighteen hundred and sixty-three, to the satisfaction of said regents ; 
nor shall they receive any portion of the said avails and income or revenue, 
unless they comply with the conditions of this act, by making and continu- 
ing the said deposit. If the said trustees of the People's College shall not, 



CHARTER OF THE CORNELL UNIVERSITY. 23 

within the term mentioned in the said act, chapter five hundred and eleven, 
have complied therewith, to the satisfaction of the said regents, or if, within 
the said term of three months, they shall not have made the said deposit, 
in accordance with and upon the terms fixed by this act, then the avails, in- 
come and revenue which shall be received from the investments of the pro- 
ceeds of the sales of the said lands or of the scrip therefor, shall be dis- 
posed of to the corporation hereby created in the manner provided for in 
this section, and not before. If, on the other hand, the said trustees of the 
People's College shall, within the time provided for in the act, chapter five 
hundred and eleven of the laws of eighteen hundred and sixty-three, and 
as herein provided, to the satisfaction of the regents, comply with the con- 
ditions and obligations thereof and hereof, so that they shall be entitled to 
receive and enjoy the benefits thereof and hereof, then the said fund of five 
hundred thousand dollars, given by Ezra Cornell, shall, in his option or that 
of his personal representatives or assigns, revert to him or them. More- 
over, the trustees of the People's College may at any time, upon written 
notice to the said regents, withdraw and remove the aforesaid deposit ; but 
such notice and withdrawal, or either of them, shall be deemed a relinquish- 
ment and forfeiture by them of the benefit to them of the said chapter five 
hundred and eleven, and of the benefit of this act, and thereupon, upon the 
performance of the said Ezra Cornell, or of his heirs and of the coporation 
hereby created of the conditions and obligations of this act, the said income, 
avails and revenue shall be disposed of to the said Cornell University, as is 
hereinbefore provided; 

% 7. The trustees of said university, if they shall become entitled to the 
benefits of this act, shall make provisions to the satisfaction of the regents, 
in respect to buildings, fixtures and arrangements generally, within two 
years from the passage thereof, to fulfill the provisions of the aforesaid act 
of Congress. They shall also make all reports, and perform such other 
acts as may be necessary to conform to the act of Congress aforesaid. The 
said university shall lie subject to the visitation of the regents of the uni- 
versity of New York. 

$ 8. From and after the time the said corporation shall have become 
entitled to the benefits of this act as aforesaid, the said university grounds, 
farm, work-shops, fixtures, machinery, apparatus, cabinets, and library 
shall not be encumbered, aliened or otherwise disposed of by the said 
trustees, or by any other person, except on terms such as the legislature of 
the State of New York shall have approved, and any act of the said trus- 
tees, or that of any other person which shall have that effect, shall be void. 

§ 9. The several departments of study in the said university shall be 
open to applicants for admission thereto at the lowest rates of expense con- 
sistent with its welfare and efficiency, and without distinction as to rank, 



24 CHARTER OF THE CORNELL UNLVERSITY. 

class, previous occupation or locality. But with a view to equalize its ad- 
vantages to all parts of the State, the institution shall annually receive stu- 
dents, one from each assembly district of the State, to be selected as here- 
inafter provided, and shall give them instruction in any or in all the pre- 
scribed branches of study in any department of said institution, free of any 
tuition fee, or of any incidental charges to be paid to said university, unless 
such incidental charges shall have been made to compensate for damages 
heedlessly or purposely done by the students to the property of said uni- 
versity. The said free instruction shall, moreover, be accorded to said stu- 
dents in consideration of their superior ability and as a reward for superior 
scholarship in the academies and public schools of this State. Said students 
shall be selected as the legislature may from time to time direct, and until 
otherwise ordered, as follows : The school commissioner or commissioners 
of each county, and the board of education of each city, or those perform - 
the duties of such a board, shall select annually the best scholar from each 
academy and each public school of their respective counties or cities as can- 
didates for the University scholarship. The candidates thus selected in 
each- county or city shall meet at such time and place in the year as the 
board of supervisors of the county shall appoint, to be examined by a board 
consisting of the school commissioner or commissioners of the county, or 
by the said board of education of the cities, with such other persons as the 
supervisors shall appoint, who shall examine said candidates, and deter- 
mine which of them are the best scholars, and the board of supervisors 
shall then select therefrom to the number of one for each assembly district 
in said county or city, and furnish the candidates thus selected with a cer- 
tificate of such selection, which certificate shall entitle said student to ad- 
mission to said University, subject to the examination and approval of the 
P'aculty of said University. ' In making these selections preference shall be 
given (when other qualifications are equal) to the sons of those who have 
died in the military or naval service of the United States ; consideration 
shall be had also of the physical- ability of the candidate. Whenever any 
student selected as above described shall have been from any cause removed 
from the University before the expiration of the time for which he was se- 
lected, then one of the competitors to his place in the University from his 
district may be elected to succeed him therein, as the school commissioner 
or commissioners of the county of his residence, or the board of education 
of the city of his residence, may direct. 

§ 10. All payments made under this act, out of the treasury of the State, 
shall be made by the treasurer on the warrant of the Comptroller out of 
the special fund on deposit with the treasurer, arising from the receipt of 
the income and revenue and avails mentioned in the sixth section of this 
act. 



DOC CM EXTS RELATING TO TME PEOPLE'S COLLEGE. 25 

$11. Chapter five hundred and eleven of the laws of eighteen hundred 
and sixty-three, entitled "An act to appropriate the income and revenue 
which may be received from the investment of the proceeds of the sales of 
the lands granted to the State by the act of Congress, entitled 'An act do- 
nating public lands to the several States and Territories which may provide 
colleges for the benefit of agriculture and the mechanic arts,' approved July 
second, eighteen hundred and sixty-two," passed May fourteenth, eighteen 
hundred and sixty-three, shall be read and construed subject to the provi- 
sions of this act, and whenever the provisions of said act, chapter five hun- 
'dred and eleven of the laws of eighteen hundred and sixty-three, and the 
other provisions of this act shall conflict, the provisions of this act shall be 
deemed the law, and shall prevail. 

\> 12. The Legislature may at any time alter, or repeal this act. 

\S i }. This act shall take effect immediately. 



IX. Documents relating to the People's College. Senate Docu- 
ment No. 45, Eighty-eighth Session, 1865. 

PROCEEDINGS OF THE REGENTS. 

May 9, 1865. 

The Regents met pursuant lo adjournment. 

Present — The Chancellor, the Lie utenant-Governor, the Superintendent 
of Public Instruction, Mr. Corning, Mr. Hawley, and Mr. Johnson. 

The minutes of the last meeting were read and approved. 

A certified copy of chapter 585 of the laws of 1865, entitled "An act to 
establish the Cornell University, and to appropriate to it the income of the 
sale of public lands granted to this State by Congress on the second day of 
July, eighteen hundred and sixty-two, and to restrict the operation of chap- 
ter five hundred and eleven of the Laws of 1863," passed April 27, 1865, 
three-fifths being present, was laid before the Board and read, and the fol 
lowing order was taken thereon : 

It appearing from the sixth section of the said Act that certain duties are 
imposed on this Hoard in case the Trustees of the People's College deter- 
mine to make the deposit therein referred to, the Secretary is directed to 
transmit to the President or Treasurer of the said college, and also to 
Charles Cook of Havana, one of the Trustees thereof and the largest con- 
tributor to its funds, a copy of the said Act of the Legislature ; and to in- 
form them that this Board will be prepared to act on any application which 
the said Trustees may make to them in pursuance thereof. 



26 DOCUMENTS RELATING TO THE PEOPLE'S COLLEGE.. 

July 7, 1865. 

The Regents met pursuant to adjournment. 

Present — The Chancellor, the Superintendent of Public Instruction, Mr. 
Hawley, Mr. Benedict, Rev. Dr. Luckey, Mr. Leavenworth, Mr. Rankin, 
Mr. Perkins, and Mr. Johnson. 

The Secretary stated that in conformity with the instructions of the 
meeting of the 9th of May last, he had transmitted to the Treasurer of the 
People's College, and also to Charles Cook, certified copies of the Act, 
chapter 585 of the Laws of 1865. 

He submitted the following communication, which was read: — 
At a meeting of the Trustees of the People's College,/ held at the Montour 

House, in the village of Havana, on the 26th day of April 1865, the 

following resolution was unanimously adopted : — 

Resolved, That the Regents of the University of the State of New York 
be, and they are hereby requested to designate to the Trustees of the 
People's College, at the 'earliest possible day, the amount of money that 
wilFbe required by said Regents under the ninth section of the Act incor- 
porating the Cornell University ; and that the Secretary of the Board of 
Trustees transmit to the Secretary of the Board of Regents a certified copy 
of this resolution. 

I hereby certify that the above is a correct copy of the resolution 
adopted by the Board of Trustees of the People's College on the 25th day 
of April 1865. John Phin, Assistant Secretary. 

Havana, April 27, 1865. 

The Secretary stated that this communication was not received by him 
until the 18th of May : That by the advice of such members of the Board 
as he had opportunity of consulting, the Trustees of the College were, by 
him in writing on the same day requested to communicate any estimates 
which they had made of the amount which in their judgment would be re- 
quired to enable them to comply with the several requirements of the Act, 
chapter 511 of the Laws of 1863 ; to the end that the Regents may be able 
more readily and correctly to determine the sum to be deposited by the 
Trustees of the People's College, under the Act incorporating the Cornell 
University. 

The Board then proceeded to the consideration of the matter of the 
above resolution. 

Professor John Phin, Assistant Secretary of the People's College, was 
heard in behalf of that institution. 

The Chancellor stated that letters had been addressed to Mr. Johnson, 
Secretary of the State Agricultural Society, asking estimates from him o f 
the cost of farming implements and stock for the practical teaching o^ 



DOCUMENTS RELATING TO THE PEOPLE'S COLLEGE. 27 

agriculture; also of suitable shops, tools and machinery for teaching the 
mechanic arts, and of at least one hundred acres of land in addition to that 
now possessed by the college : To Professor James Hall, the State Paleon- 
tologist, and Colonel Ezekiel Jewett, Curator of the State Cabinet of 
Natural History, making similar inquiries in regard to suitable cabinets of 
natural history ; and to Professor Gillespie, of Union College, in regard 
to a suitable library and philosophical and chemical apparatus: Thai 
answers to most of these letters had been received ; from which, and from 
informal conferences of several of the Regents, the following estimates had 
been made : — 

ESTIMATE OF EXPENDITURES necessary to be made by tin 1 Trustees of the 
People's College, to enable them to comply with the requirements of chap' 
ter 511, section 2, of the Laws of 1863. 

The College is now in possession of one hundred acres of land : sixty 
donated by Charles Cook (Stale Document of 1865, No. 45, page 22) and 
forty acres purchased (same document, page 18) ; which cost three thousand 
dollars before 1862. 

Estimating twenty acres as necessary for the College buildings, one hundred 
and twenty acres remain to be purchased to make the two hundred 
acres required by the Act of 1863 above referred to ; which, at $75 an 
acre, the price paid for the forty acres purchased as above will 
require $9,000 

For completing and furnishing the present College buildings ; and 
for additions thereto, or for a new building to provide ac- 
commodations for two hundred and fifty students, as re- 
quired by the Act of 1863 (see bage 18, Document as nbove, 

testimony of Mr. Menier) 50,000 

Farm buildings, 15,000 

Implements, 7>5 00 

Stock of all varieties, 10,000 

Library, 25,000 

Philosophical and chemical apparatus, 10,000 

Cabinets of natural history, 30,000 

Cost of erecting shops for teaching the mechanic arts, 15,000 

Tools, machinery and other arrangements for teaching the same, 15,000 

$186,500 
To which should be added for miscellaneous purposes 45,500 

Total, $242,000 

After extended discussion and a full expression of views by most of the 
members present, the following resolutions were unanimously adopted: 

Resolved, That in pursuance of the provisions of the sixth section of the 
Act of the Legislature, entitled " An Act to appropriate the income and 
revenue which may be received from the investrnent of the proceeds of the 



28 FIRST MEETING OF THE TRUSTEES. 

sale of the lands granted to this State by the Act of Congress, entitled ' An 
Act donating public lands to the several States and Territories which may pro- 
vide colleges for the benefit of agriculture and the mechanic arts,' approved 
July second, eighteen hundred and sixty-two," passed May 15, 1863, three- 
fifths being present, this Board do declare, that in their opinion the sum of one 
hundred and eighty-five thousand dollars should be deposited by the Trus- 
tees of the People's College at Havana, to enable the said Trustees fully to 
comply with the conditions of the Act of the Legislature above referred to 
by its title ; and that such deposit be made to the credit of this Board in its 
corporate name, in either one of the State Deposit Banks in the city of Al- 
bany. (This resolution was offered in blank as to the amount ; and on mo- 
tion of Mr. Johnson, the blank was filled as above.) 

Resolved, That the Secretary communicate a copy of the foregoing reso- 
lution to the Trustees of the People's College. 



X. Certificate respecting the failure of the People's College to 
deposit the amount required by the Regents. 

Albany, August 6, 1865. 
Professor John Phin— Dear Sir : — No money has been deposited in 
behalf of the People's College. I have ascertained this by inquiry of the 
banks. Yours, &c, 

S. B. Woolvvorth, Secretary. 
A true copy from the Regent's Letter Book. 

D. J. Pratt, Assistant Secretary. 

University of the State of New York, ) 
Office of the Secretary, > 

Albany, August 28, 1865. ) 
1 hereby certify that no notice has been given to the officers of this 
Board, by the Trustees of the People's College, of the deposit of one 
hundred and eighty thousand dollars, as required by the resolution of the 
Regents, of July 7, 1867, nor has the undersigned any knowledge of such 
deposit having been made. 

S. B. Woolworth, Secretary, by 

D. J. Pratt, Assistant Secretary. 



XI. Proceedings of the Trustees of the Cornell University with 
reference to the Land Grant. 

FIRST MEETING. 

At the first meeting of the Trustees of the Cornell University, held in 



FIRST MEETING OE THE TRUSTEES. 29 

the office of the Secretary of the State Agricultural Society, in the State 
Geological Mall in the city of Albany on the 28th day of April. 1865, there 
were present his excellency, Reuben E. Fen ton, William Kelly, Horace 
Greeley, Josiah 11. Williams, George, W. Schuyler, J. Meredith Read, 
Francis M. Finch, William Andrus, Victor M. Rice and Ezra Cornell. 

On motion of Horace Greeley, William Relly was appointed chairman 
pro tern, and Victor M Rice, Superintendent of Public Instruction. Secre- 
tary pro tern. 

On motion of Gebrge W. Schuyler, 

Resolved, That the conditions, privileges and powers of the apt entitled 
" An Act to establish the Cornell University, and to appropriate to it the 
income of the sale of Public Lands granted to this State by Congress on 
the second day of |uly, eighteen hundred and sixty-two; also to restrict 
the operation of chapter five hundred and eleven, of the laws of eighteen 
hundred and sixty-three" be accepted by this Hoard. 

()n motioir*Df Horace Greeley, 

Resolved, That the Secretary be and he is hereby directed to notify the 
Comptroller of this State, that this Board of Trustees will accept the grant 
of Land Scrip, made to this Slate by authority of the act of Congress, en- 
titled " An Act donating Public Lands to the several States and Territories 
which may provide colleges for the benefit of agriculture and the mechanic 
arts " approved July second, eighteen hundred and sixty-two — upon the 
terms arid conditions prescribed by said act and by chapter five hundred and 
eighty-five of the laws of eighteen hundred and sixty-five. 

( )n motion of Horace Greeley, 

Resolved, That Ezra Cornell be appointed to consult with the Comp- 
troller of the State in regard to the Land Scrip. 

On motion of Horace Greeley, 

Resolved, That the Trustees who shall be elected at this meeting (as 
provided in chapter 585 of the Laws of 1865), be notified by the Secretary 
of fheir election, and that they be requested to signify their accept- 
ance. 

On motion of J. Meredith Read, 

Resolved, That the Chairman be, and he is hereby authorized to call the 
meetings of this Hoard of Trustees at the request of any three members 
thereof. 

On motion of Ezra Cornell, 

The Board then proceeded to elect by ballot seven Trustees (as directed 
by section 2, of Chapter 585 of the laws of 1865). Tellers were duly ap- 
pointed, and the result of the balloting showed that there had been sixty- 
three votes cast, of which Andrew D. White received nine votes, Abram 



30 SECOND MEETING OF THE TRUSTEES.' 

B. Weaver received nine votes, Charles J. Folger received nine votes, 
George H. Andrews received eight votes, Edwin B. Morgan received seven 
votes, Edwin D. Morgan received six votes, Erastus Brooks received six 
votes, William H. Gleason received four votes and William A. Woodward 
received five votes, wherupon, Andrew D. White, Charles J. Folger, 
Abram B. Weaver, George H. Andrews, Edwin B. Morgan, Edwin D. 
Morgan, Erastus Brooks, having received each a majority of all the votes 
cast, a quorum being present and voting, were declared to be duly elected. 

On motion of Ezra Cornell, 

The Board then adjourned to meet again at the call of the president. 

Second Meeting. 

At a meeting of the Trustees of the Cornell University held in the 
Cornell Library, in Ithaca on the fifth day of September, 1865, there were 
present His Excellency, Reuben E. Fenton, His Honor, Thomas G. Alvord, 
Edwin D. Morgan, John McGraw, George H. Andrews, Andrew D. White, 
Abram B. Weaver, William Kelly, Ezra Cornell, Erastus Brooks, Edwin 
B. Morgan, George W. Schuyler, Josiah B. Williams, William Andrus, 
Alonzo B. Cornell. 

On motion of Erastus Brooks, His Excellency, Governor Reuben E. 
Fenton was elected chairman. 

On motion of Edwin B. Morgan, Alonzo B. Cornell was elected Secre- 
tary pro tem. 

The minutes of the last meeting were read and approved. 

On motion of Erastus Brooks, 

Resolved, That a committee of three to consist of Edwin D. Morgan, 
William Kelly, and George W. Schuyler, be appointed to consult with Mr. 
Cornell in regard to the fund which he purposes to donate to the Univer- 
sity, and to report at an adjourned meeting this evening. 

At such adjourned meeting the following report was presented : 

"The committee appointed to confer with Honorable Ezra Cornell ifi re- 
lation to the fund which he purposes to donate to the University, respect- 
fully report that they have sp conferred with Mr. Cornell, and believe it 
will be agreeable to him to give his bond to the Trustees of the Cornell 
University foV five hundred thousand dollars, bearing interest at the rate of 
seven per centum per annum, payable semi-annually ; said bond to be se. 
cured by the capital stock of the Western Union Telegraph Company, to 
the amount of seven hundred thousand dollars, said stock to be transferred 
to the Trustees of the Cornell University, and to be held as collateral secu- 
rity for the payment of the above bond mentioned. This mode of donat- 
ing the five hundred thousand dollars referred to in the act of Legislature 



SECOND MEETING OF THE TRUSTEES. 31 

of New York, chapter 585 of the Laws of 1865, will be satisfactory to your 
committee, and is recommended for the adoption of the Board. 

(Signed) E. D. Morgan, 

William Kelly, 
George W. Schuyler. 

The report was accepted and adopted. 

On motion of Erastus Brooks, 

Resolved, That permanent officers be elected by ballot. 

Erastus Brooks and Edwin B. Morgan were appointed tellers. The elec- 
tion resulted as follows : 

For Chairman, Ezra Cornell 13, Reuben E. Fenton 1. 

For Secretary, Francis M. Finch 15. 

For Treasurer, George W. Schuyler 14, John McGraw 1, 

On motion of George H. Andrews, 

Resolved, That whenever Ezra Cornell shall execute and deliver to the 
Treasurer of this Board his bond for five hundred thousand dollars, with 
interest at seven per centum payable semi-annually, and transfer the stock 
of the Western Union Telegraph Company to the amount of seven hun- 
dred thousand dollars as collateral security therefor, the officers of this 
Board shall confer with the Comptroller of the State with the view of ob- 
taining a certificate that he is satisfied that this corporation possesses a 
fund of five hundred thousand dollars, given by Ezra Cornell. 

On motion of Erastus Brooks, 

Resolved, That a copy of the report this day adopted by the Board of 
Trustees of Cornell University be laid before the comptroller with the re- 
quest from the Board that as the security is deemed entirely secure by 
them, the same be recommended for his acceptance and approval. 

On motion of Thomas G. Alvord, 

Resolved, That in the event of refusal of the Comptroller to receive, as 
a compliance with the Law, the terms acceded to on the part of this Board 
in relation to the $500:000 donation of Ezra Cornell, the officers of this 
Board are hereby authorized and empowered to make such arrangement or 
proposition in relation thereto as shall cause the Comptroller to give the 
certificate required by law in this case. 

On motion of George H. Andrews, 

Resolved, That William Kelly, Ezra Cornell, Edwin D. Morgan be ap- 
pointed to consult with the Comptroller in regard to the land grant scrip. 

On motion of George W. Schuyler the following committees were ap- 
pointed : 

Executive Committee, William Andrus, Josiah B. Williams, George W. 
Schuyler, Alonzo B. Cornell, Edwin B. Morgan, John M. Parker, Ezra 
Cornell, Thomas G, Alvord, Horace Greeley, 



32 RECEIPT OF THE CORNELL EUND. 

Building Committee, Andrew D. White, Ezra Cornell, William Kelly, 
Abram B. Weaver, Francis M. Finch. 

Finance Committee, Edwin D. Morgan, Josiah B. Williams, William 
Kelly, John McGraw, Alonzo B. Cornell. 

On motion of Edwin D. Morgan, 

Resolved, That the committee on building be authorized to select a site 
for the University. ■ 

On motion of Ezra Cornell, 

Resolved, That Andrew D. White be appointed a committee to draft By- 
Laws. 

On motion of Andrew D. White the meeting adjourned. 

A. B. CORNELL, 

Secretary pro tempore. 



XII. Documents certifying the receipt of Five Hundred Thousand 
Dollars for Ezra Cornell. 

I, George W. Schuyler, Treasurer of the Cornell University, situated at 
Ithaca, in the County ot Tompkins and State of New York, do certify and 
acknowledge that I have this day received from the Honorable Ezra Cornell, 
of Ithaca aforesaid, his, said Cornell's, undertaking conditioned for the pay- 
ment to Cornell University of five hundred thousand dollars within ten years 
from the date hereof, with interest thereon payable semi-annually on th e 
first days of May and November in each year ; and that the said Cornell at 
the same time assigned, transferred and delivered to said Cornell Univer- 
sity seven hundred thousand dollars at its par value of the capital stock of 
the Western Union Telegraph Company, to be held by said University as a 
collateral security for the payment of said undertaking of said Ezra Cornell 
according to its terms and conditions, and that such undertaking and collate- 
ral security have been accepted by me in pursuance of 
[ L. S. ] the resolutions of the Board of Trustees of the Cornell 

University, held at Ithaca aforesaid, Sept. 5th, 1865. 
G. W. Schuyler, Treasurer. 
Dated, October 21st, 1865. 

Comptroller's Office, \ 
Albany, Oct. 26th, 1865. \ 

I certify that the within acknowledgement is to me satisfactory evidence 
that the Cornell University therein named possesses a fund of five hundred 
thousand dollars, given by Honorable Ezra Cornell in accordance with the 
provisions of Chapter 585 of the Laws of 1865. % 

L. Robinson, Comptroller. 



RF.cr.irr or THE CORNELL rrxn. 33 

The following is a true copy of a resolution passed by the Board of 
Trustees of the Genesee College, at a special session held in Lima, October 
17, 1865, as appears on the records of said College, viz: — 

•Resolved, That this Hoard of Trustees, in behalf of the Genesee College, 
located at Lima, declares its willingness and hereby offers to accept the 
sum of twenty-five thousand dollars ($25,000.00) in pursuance of Chapter 
585 of the Laws of New York, passed April 27, 1865, and to apply the 
same for the uses and purposes named in said law, and that the Treasurer 
of the College, A. I). Wilbor, is hereby authorized to receive the money 
and receipt for the same and affix to the receipt the corporate seal of the 
College, and to do any other act or 4hing which this Board could do nec- 
essary to receive said money under and in accordance witli said act of 
April 27, 1865. John Copeland, 

Secretary of Board of Trustees. 



Know all men by these presents, that the Genesee College, located at 
Lima, in the State of New York, by these presents make known, admit 
and declare that said College, at the day of the date of these presents, has 
received of and from Ezra Cornell, of Ithaca, New York, the sum of 
twenty-five thousand dollars, under and in pursuance of Chapter 585 of the 
Laws of New York of the year 1865, in trust to deed for the following use 
and purpose, namely : — To invest and keep invested in good and safe 
interest-bearing securities said sum of twenty-five thousand dollars, and 
out of the interest and income thereof and therefrom to establish, support 
and maintain, so far forth as the same may suffice, in said Genesee College 
a Professorship of Agricultural Chemistry, and for no other use or purpose 
whatsoever. 

Rochester, October 25, 1865. 
In witness whereof the Genesee (..'"liege his cause! its corporate seal to 
be hereunto affixed by its Treasurer, therefor duly 
[I.. S. ] authorized, and these presents to be signed by its 

said Treasurer, at the date above mentioned. 
Albert D. Wilbor, 

Treasurer Genesee College. 



Comptroller's Office, 
Albany, October. 26, 1S65. 
I certify that the foregoing admission and declaration is to me satisfac- 
tory evidence that Ezra Cornell, of Ithaca, has paid over to the Trustees o' 
the Genesee College, at Lima, the sum of twenty-five thousand dollars for 



34 



ACT DISPOSING OF THE LAND SCRIP. 



the purposes required by Chapter 585 of the Laws of 1865. 

L. Robinson, Comptroller. 



XIII. The College Land Scrip Fund. — Extract from Comptrol- 
lers Report, 1866, pages 23 and 32. 

COLLEGE LAND SCRIP. 

The condition of this fund is given along with the statements of the other 
funds in the foregoing pages. No sales were made during the year ending 
September 30th, 1865. Since that date with the concurrence of all the offi- 
cers named in the act, providing . for the sale, except the Chancellor of the 
University, who is absent from the country, a sale of 100,000 acres has been 
made to the Honorable Ezra Cornell for $50,000, for which sum he gave his 
bond properly secured, upon the condition, that all the profits which should 
accrue from the sale of the land, should be paid to the Cornell University 
which he has so munificently endowed. 

COLLEGE LAND SCRIP FUND. 

Capital. 

This fund consists of the following items, viz : 
Comptroller's revenue bond, 7 per cent., issued per chapter 56, 

Laws of 1865, redeemable 1st July, 1866 $64,000.00 

Money in the treasury 440.00 



$64,440.00 



XIV. Appropriation from the Land Scrip Fund, 1866. — Laws 
of New York. 1866, Chapter 476. 

From the College Land Scrip Fund. — For the Cornell University, pur- 
suant to chapter five hundred and eighty-five, of the laws of eighteen hun- 
dred and sixty-five, nine thousand dollars. 



XV. Act authorizing the Sale of the Land Scrip. — Laws of New 
York, 1866, Chapter 481. 

AN ACT to authorize and facilitate the early disposition by the Comptrol- 
ler of the lands or land scrip donated to this State by the United 
States. 

Passed April 10, 1866. 



ACT DISPOSING OF THE LAND SCRIP. 35 

The People of the State of New York, represented in Senate and Assem- 
bly do enact as follows : 

Section i. The Comptroller is hereby authorized to fix the price at 
which lie will sell and dispose of any or of all the lands or lvi 1 scrip 
denoted to this State by the United States of America, by act of Congress 
approved July second, eighteen hundred and sixty-two, and entitled "An 
act donating public lands to the several State and Territories which may 
provide colleges for instruction in agriculture and the mechanic arts." 
Such price shall not be less than at the rate of thirty cents per acre for 
said lands. He may contract for the sale thereof and sell the same to the 
trustees of the Cornell University. Tf the said trustees shall not agree 
with the said Comptroller for the purchase thereof, then the commission- 
ers of the land office may receive from any person or persons an application 
for the purchase of the whole or any part thereof at the price so fixed by 
the said Comptroller, and may, if they are satisfied that the said person or 
persons will fully carry out and perform the agreement hereinafter men- 
tioned, sell the same or any part thereof to the said person or persons. But 
said trustees or such person or persons shall at the same time make an 
agreement and give security for the performance thereof to the satisfaction 
of the Comptroller, to the effect that the whole net avails and profits from 
the sale of scrip or the location and use by said trustees, person or persons 
of the said lands or of the lands located under said scrip, shall from time to 
time, as such net avails or profits are received, be paid over and devoted to 
the purposes of such institution or institutions as have been or shall be 
created by the act chapter five hundred and eighty-five of the laws of eigh- 
teen hundred and sixty-five, of the State of New York, in accordance with 
the provisions of the act of Congress hereinbefore mentioned. And the 
said trustees, person or persons to whom the said lands or scrip shall be 
sold, shall report to the Comptroller annually, under such oath and in such 
form as the Comptroller shall direct, the amount of land or scrip sold, the 
prices at which the same have been sold, and the amount of money received 
therefor, and the amount of expenses incurred in the location and sale 
thereof. 

§ 2. The Comptroller is authorized from time to time, as he shall see fit, 
to make such examination into the actions and doings of his vendees of said 
lands or scrip therewith as he shall deem necessary to ascertain and deter- 
mine what are the net avails of the said lands or scrip from the sale or from 
the location and use thereof by his said vendees. 

$ 3. This act shall take effect immediately. 



36 ACT AMENDING THE CHARTER. 

XVI. Act Refunding the sum paid to Genesee College — Laws of 
New York, 1867, Chapter 174. 

AN ACT to refund to the Cornell University the amount paid by Ezra Cor- 
nell to the Genesee College at Lima, pusuant to section six, of chap- 
ter five hundred and eighty-five of the laws of eighteen hundred and six- 
ty-six.* 
Passed March 28, 1867 ; three-fifths being present. 

The People of the State of New York; represented in Senate and Assembly 
. do enact as follows : 

SECTION i. Whenever the trustees of the Cornell U niversity shall show to 
the satisfaction of the Comptroller, that their College edifice now in process 
of erection upon the University grounds-at Ithaca, in the county of Tomp- 
kins, is fully completed, paid for and ready to be occupied for the purposes 
of the University, the Treasurer is authorized and required to pay to the 
aforesaid trustees, on warrant of the Comptroller from the general fund, the 
sum of twenty-five thousand dollars, being the amount which Ezra Cornell 
has paid to the Genesee college at Lima, in this State, pursuant to the re- 
quirements of section six, of chapter five hundred and eighty-five, of the 
laws of eighteen hundred and sixty-five, which sum is hereby appropriated 
for the purposes of this act. 

§ 2. The money thus paid to the trustees of the Cornell University as 
aforesaid, shall be expended for the use of the said university, and for no 
other purpose whatever. 



XVII. Appropriation from the Land Scrip Fund, 1867. — Laws 
of New York, 1867, Chapter 519. 

From the College Land Scrip Fnnd.—Yox the Cornell University, pur- 
suant to chapter five hundred and eighty-five, of the laws of eighteen hun- 
dred and sixty-five, fourteen thousand dollars. 



XVIII. Act Amending the Charter of the Cornell University. — 
.Laws of New York, 1867, Chapter 763. 

AN ACT to amend chapter five hundred and eighty-five of the laws of 
eighteen hundred and sixty-five, so as to change the mode of electing the 
trustees of the Cornell University, to extend the time for providing build- 

* So in original, 



ACT AMENDING THE CHARTER. 37 

trigs, fixtures, and arrangements, and lo authorize the trustees to borrow 
money. 

Passed April 24, 1867; three-fifths being present. 

/Zv People of 1 hi Statt oj New York, represented in Senate and Assembly 
do enact as follows : 

Se< HON 1. 1'lie second section ol chapter live hundred and eights -live, 
of the laws ol eighteen hundred and sixty-five, entitled "An act to estab- 
lish the Cornell University, and to appropriate to it the income of the sale 
of public lands granted in this State by Congress, on the second day of 
July, eighteen hundred and sixty two, also to restrict the operation of chap- 
ter five hundred and eleven of the laws of eighteen hundred and sixty- 
three," is hereby amended so as to read as follows : 

" vS 2. The first board o( trustees of said corporation shall consist of the 
persons named in the first section of this act. In addition thereto, the 
Governor, Lieutenant-Governor, the speaker of the house of assembly, the 
Superintendent of Public Instruction, the president of the board of faculty 
of the said corporation, the president of the State agricultural society, the 
librarian of the Cornell Library, the eldest lineal male descendent of Ezra 
Cornell, shall be trustees thereof ca officio. The said Ezra Cornell shall be 
a trustee thereof until he shall die or resign. In addition to the number of 
of trustees herein provided for, thete shall be elected by them, or by a 
quorum of them, at their first meeting, by the vote of a majority of such 
quorum, seven other trustees to act with them as the board of trustees of 
said university; but at no time shall a majority of the board be of any one 
religious sect, or of no religious sect. Whenever any one of the seven 
trustees so elected by the others shall become a trustee ex officio, by being 
chosen as the president of the board of faculty of the university, his office 
as an elected trustee shall become vacant, and shall not again be filled in 
any manner; and the number of trustees, other than those who are trustees 
ex officio, including in the ex officio trustees the said Ezra Cornell, shall not 
again exceed fifteen. The said fifteen trustees, who are not such ex officio, 
shall at the first annual commencement of the said university, be divided 
into classes, by lotj of three in each class. The first lot shall be cast in 
such manner as shall be provided by the by-laws of the university, or by 
the resolution of the board of trustees. The term of office of the first class 
of said elective trustees shall terminate-ot the end of fiye years from the 
said first annual commencement; the term of office of the second class shall 
terminate at the end of six years from the said first annual commencement; 
the term of office of the third class shall terminate at the end of seven years 
from the said first annual commencement; the term of office of the fourth 



38 ACT AMENDING THE CHARTER. 

class shall terminate at the end of eight years from the said first annual 
commencement; the term of office of the fifth class shall terminate at the 
end of nine years from the said first annual commencement^ On the expi- 
ration of the term of any such class, and at the then next annual commence- 
ment, three trustees shall be elected to fill the place of such class. All 
trustees elected after the first election, as herein provided, shall hold office 
for five years from the annual commencement at which they are elected. 
The election thereof shall be by ballot, and thirteen of the ballots cast shall 
concur before any one is thereby elected a trustee. The said trustees shall 
be elected by the votes of those of the board of trustees whose term does 
not expire until the alumni of the said university shall have reached one 
hundred. Who shall be deemed the alumni of the said university shall be 
prescribed by the by-laws of the said university, and such prescription shall 
be made at or before the first annual commencement of the said university, 
and the same shall not be changed except by act of the legislature. When 
the number of the alumni shall have reached one hundred, and so long as 
such number continues atone hundred or upwards, the trustees to be elected 
at the end of any year shall be elected as follows : 'The board of trustees 
shall, in the manner herein provided, elect two ; the said alumni, if forty- 
five of them shall meet at the said university at the time above specified, 
shall, in the manner above provided, elect one trustee ; but not unless a 
majority of those present shall concur in the election. If forty-five of the 
alumni shall not so meet, or so meeting shall not so elect, or if at any time 
the number of the alumni shall not be one hundred, the board of trustees 
shall elect the three trustees in the manner above provided." 

% 2. The seventh section of the said act is hereby amended so as to read 
as follows : 

"vS 7. The trustees of the said university, if they shall become entitled 
to the benefits of this act, shall make provisions to the satisfaction of the 
Regents, in respect to the buildings, fixtures and arrangements generally, 
on or before the first day of October, A. D., eighteen hundred and sixty- 
eight, to fulfill the provisions of the aforesaid act of Congress ; they shall 
also make all reports and perform such other acts as may be necessary to 
conform to the act of Congress aforesaid. The said university shall be sub- 
ject to the visitation of the Regents of the State of New York." 

$ 3. The trustees of the said university are hereby authorized to borrow 
from time to time, for the erection and equipment of necessary university 
buildings, a sum not exceeding in all fifty thousand dollars, and secure the 
repayment of the same by note or bond as shall be agreed upon. 

§ 4. This act shall take effect immediately. 



LA. YD OFFICE COMMISSIONERS' REPORT. 39 

XIX. Report of the Commissioners of the Land Office concerning 
the University Land. — Convention of the State of New York, 
1867, Document No. 47. 

Comptroller's Office, 1 

Albany, July 22, 1867. \ 

To the President of ike Convention : 

Sir — The Comptroller in the absence of the Commissioners of the Land 
Office, and in response to a resolution of the Convention passed on the 17th 
inst., viz : 

On motion of Mr. Curtis, 

Resolved, That the Commissioners of the Land Office be requested to 
communicate to this Convention their proceedings under chapter 481 of the 
Laws of 1866, authorizing the sale of lands donated to this State by the 
United States, 

Respectfully submits the following 

REPORT. 

By the act of Congress, approved July 2, 1862, it was provided that 
there should be granted to the several States, for the purposes mentioned 
in the said act, public lands equal in quantity to thirty thousand acres for 
each senator and representative in Congress to which the states respective- 
ly were entitled by the apportionment under the census of i860. The terms 
and conditions of the grant are set forth in the act. 

By the act, chapter twenty, laws of 1863, this State declared its accept- 
ance of the grant in conformity with the seventh section of the act of Con- 
gress, and thus became entitled to and received from the United states, 
land scrip, consisting of 6,187 pieces of 160 acres each, representing in all 
990,000 acres. The scrip was delivered to the Comptroller, who was au- 
thorized to receive it by the act, chapter 460, passed May 5, 1863, and with 
the approval and concurrence of other State officers, to dispose of the 
whole or any portion of it for cash or public stocks, yielding not less than 
five per centum. 

The intention of the Legislature in the passage of the act of May 5, 
1863, appears to have been merely to provide for a sale of the scrip and the 
care and management of the proceeds, until some provision should be made 
for their application to the object contemplated in the act of Congress. 
This was done by the act, chapter 511, passed May 14, 1863, which appro 
priated the income and revenue to be derived from time to time from the 
investment of the proceeds of the sale of th? land scrip, to the People's 
College, located at Havana, for the use of that institution, in the mode, 



4o LAND OFFICE COMMISSIONERS' REPORT. 

and for the purposes defined in the act of Congress. There were conditions 
qualifying this grant, which are particularly set forth in the act of May 14, 
to which reference is made. 

One of these conditions was, that whenever, in the opinion of the Regents 
of the University, the proceeds of the investments should exceed the needs 
of the institution, the excess should be withheld ; and the fifth section con- 
templates a distribution'of the excess to other colleges complying in their 
arrangements and instruction to the requisitions of the act of Congress. 
The conditions of the grant to the People's College under the act of May 
14, not having been fully complied with by the Trustees of that institution, 
the Legislature by the act, chapter 585, passed April 27, 1865, establishing 
the Cornell University, made a conditional transfer of "the income, revenue 
and avails to be- received from the investment of the proceeds of the sale of 
the lands, or of the scrip therefor, or of any part thereof, granted to this 
State by the act of Congress, approved July 2, 1862," to that institution. 
The conditions on which the grant depended were : 

1st, That Honorable Ezra Cornell should donate to the University the 
sum of five hundred thousand dollars. 

2d. That he should pay over to the Trustees of the Genesee College, 
located at Lima in this State, the sum of twenty five thousand dollars 

3d. That the Trustees of the People's College should not within three 
months comply with the terms on which the benefits of the act of 1863, 
were to be continued to them. 

The compliance of Mr. Cornell with the first and second conditions, and 
the failure of the Trustees of the People's College to comply with the third, 
made the grant to the Cornell University absolute, subject to the provi- 
sions of the act of Congress. 

Under the act of May 5, 1863, the aggregate sales to November 24,1865, 
were 176,000 acres, of which 8,000 acres were sold at 83 cents, 68,000 
acres at 85 cents, and 100,000 acres at 50 cents, the average rate being 65, 
cents, nearly. 

These sales were all for cash except 100,000 acres, which were sold to 
Mr. Cornell, on a proposition made by him and accepted, by my predeces- 
sor, \vith the concurrence of the officers mentioned in the act of 1863, ex- 
cept the Chancellor of the University who was absent, to purchase that 
quantity at 50 cents per acre; and in addition to pay over all the profits on 
a sale of the lands, to the Cornell University. On this transaction the 
personal bond of Mr. Cornell for $50,000 was accepted in lien of the pur- 
chase money, secured by 1,000 shares of the stock of the Western Union 
Telegraph Company, the earnings of the stock to be applied on the interest 
occurring on the bond. 



LAND OFFICE COMMISSIONERS' REPORT. 4 1 

The foregoing brief references to the legislation of this Slate and the 
proceedings taken in accordance with it, brings the subject down to the 
session of 1866, and more fully within the scope of the resolution of the 
Convention under consideration. 

The intention of the Legislature in the passage of the act of April 10th, 
1866, so far as it can be gathered from its provisions, was to secure, if 
practicable, a sale of that portion of the lands donated to this State, still 
undisposed of, on such terms as would bring into the State Treasury for the 
benefit of the institution to which the avaii.^ of the land had been previously 
granted by the act of 1865, a sum that should more nearly represent its 
actual value than the current rates at which the scrip was at that time sell- 
ing. The act of Congress had placed those states in which there were no 
public lands open to entry, at a serious disadvantage, by the prohibition, 
perhaps unavoidable, that no state should acquire title to land not within 
its own territorial jurisdiction. It was notorious that several states thus 
situated, had sold this scrip at prices varying from sixty to eighty cents 
per acre, and the sales under the act of 1863, showed that unless some dif- 
ferent plan was adopted, no more favorable result could be looked for here; 
to part with a property worth, if properly managed, several millions of dol- 
lars, for a few hundred thousands, did not appear wise, if any way could be 
devised to obtain its value, and it was to avoid such a sacrifice if possible, 
that the law of 1866 was enacted. 

The duty of carrying out the act under consideration devolved on the 
Commissioners of the Land Office, in consequence of the failure of the 
Trustees of the Cornell University, to make application to the Comptroller 
for the purchase of the unsold scrip. The failure to agree, or rather the fail 
ure on the part of the trustees to make any application whatever in the 
premises, having been reported by the Comptroller on the 26th day of June, 
1866, the Commissioners decided to receive applications from individuals, 
of which but one was presented, that from the Honorable Ezra Cornell, 
who proposed to become the purchaser at the price, and on the conditions 
indicated in the act, and on the 24th of July following, an arrangement was 
concluded with that gentleman, which formed the basis of an agreement 
subsequently issued by him and the Commissioners of the Land Office, 
which is given at length in the following extracts from the proceedings of 
the Board, and to which reference is made. It may be added in this con- 
nection, that no application from any other individual or individuals could 
have been anticipated, inasmuch as there was no other person who would 
have agreed to such a disposition of the profits arising from the location of 
the scrip, as the act required. 



42 PROCEEDINGS OF THE COMMISSIONERS. 

EXTRACTS FROM THE PROCEEDINGS OF THE COMMISSIONERS. 

At a meeting of the Commissioners of the Land Office, June 26th, 
1866. 

The Comptroller presented the following communication : 

By the act, chapter 481, laws of 1866, the Comptroller is - authorized to 
sell the lands donated to the State under the act of Congress, approved 
July 2, 1862, to the trustees of the Cornell University, at such price as he 
may fix, not less than thirty cents per acre, and failing to make such dis- 
posal of them, the Commissioners of the Land Office are empowered to re- 
ceive applications from any person or persons for the purchase of the whole 
or any portion of- said lands at the price so fixed by the Comptroller, and 
sell the same under certain conditions mentioned in the act. 

No applications having been made by the trustees for the purchase of 
the scrip, and there being no evidence that they desire to enter into a 
negotiation with that object, any arrangement for its disposal to other 
parties will devolve on the Commissioners ef the Land Office. 

The Comptroller therefore respectfully refers the accompanying com- 
munication from the Honorable Ezra Cornell to the Commissioners for 
such action as they may deem proper. The Comptroller adds for the in- 
formation of the Board, that, in compliance with the conditions of the act, 
chapter 481, before referred to, he has fixed the price of the scrip at fifty 
cents per acre, which is somewhat less than the present market price, for 
small parcels, but which in consideration of the large quantity to be dis- 
posed of, and the fact that the prospective profits to be derived from the 
location and sale of the lands are to go into the State Treasury, he con- 
siders fair as well for the purchaser as the State. 

Respectfully yours, 

Thomas Hillhouse, Comptroller. 

I also submit a letter from Honorable Ezra Cornell, as President of the 
Board of Trustees of the Cornell University, stating that said Trustees 
do not desire to negotiate for the purchase of the land scrip held by the 
State. 

T. Hillhouse, Comptroller. 

The Lieutenant-Governor then read the following communication from 
Honorable E. Cornell, referred to in the above communication from the 
Comptroller. 

Albany, June% 1866. 
To Honorable Thomas Hillhouse, Comptroller: 

Dear Sir — In reply to your favor of May 25th, 1866, expressing the 
conclusion you had come to after a careful consideration of the act, chap- 



PROCEEDINGS OF THE COMMISSIONERS 43 

ter 481, of the Laws of 1866, I most respectfully inform you that I 
differ with you in regard to the proper construction and intent of tin- 
law. 

Appreciating, however, as I do most fully, your motives for desiring to 
give the utmost possible security and permanency t<> the funds which are, 
in a great degree, to constitute the endowment of the Cornell University. 
I shall most cheerfully accept your views so far as to consent to place the 
entire profits to he derived from the sale of the lands to he located with the 
College Land scrip in the treasury of the State, if the State will receive the 
money as a separate fund from that which nun - he derived from the sale of 
scrip and will keep it permanently invested, and appropriate the proceeds 
from the income thereof annually to the Cornell University subject to the 
direction of the Trustees thereof for the general purposes of said institu- 
tion, and not to hold it subject to the restrictions which the act of Con- 
gress places upon the fund derivable from the sale of the College Land 
scrip, or as a donation from the Government of the United States, hut as a 
donation from Ezra Cdrnell to the Cornell University. 

.Acting upon the above basis, I propose to purchase said Land Scrip, as 
fast as I can advantageously locate the same, paying therefor at the rate of 
thirty cents per acre in good seven per cent, bonds and securities, and 
obligating myself to pay the profits as specified in chapter 481, of the Laws 
of 1S66, into the treasury of the State as follows: — Thirty cents per acre of 
said profits to be added to the College Land Scrip Fund, and the balance 
of said profits to be placed in a separate fund to lie known as the Cornell 
University fund, and to be preserved and invested for the benefit of said 
institution, and the income derived therefrom to lie paid oyer annually to 
the trustees of said University for the general purposes of said institu- 
tion. 

If the above proposition is accepted by the Comptroller, and the amount 
of profits realized from the sale of the lands which 1 believe can be, it will 
produce the following sums as the endowment property of said Univer- 
sity : i 
FIRST — The amount in the treasury of the State realized from 

former sales is $1 14,000 

The amount to be received from the sale of 800,000 a< 1 es of scrip, 

at 30 cents per acre 240,000 

The amount of profits .equal to 30 cents per acre on 800,000 

acres, to bring the College band Scrip Fund up to the 
market value of the scrip 240,000 



Total amount of College Land Scrip Fund $594,000 

SECOND. — A fund to be realized from the balance of profits 
which are expected to arise from the sale of lands located 
witli the 800,000 acres of scrip after paying the above 30 



44 PROCEEDINGS OF THE COMMISSIONERS. 

cents per acre, estimated to be two dollars per acre $ 1,600,000 

Third. — The fund donated by £. Cornell to meet the re- 
quirements of the act of the Legislature, chapter 585 of 

the Laws of 1865 $500,000 

The amount of profits on 100,000 acres of land 

already entered ($2.50 per acre) 250,000 

750,000 



Total endowment i $2,944,000 



If my expectations are realized, the above will be the amount of cash 
funds invested in productive securities. In addition to the above, I have 
donated to the University a farm and building lots of the value of $50,000, 
upon which its buildings are being erected; also, $10,000 in cash, to pur- 
chase the Jewett Cabinet of the Paleontology of New York. 

Yours respectfully, 

E. Cornell. 

The Clerk then read the following communication from the Honorable 
Ezra Cornell, above referred to in the communication of the Comptroller : — 

Albany, June 9, 1866. 
To Honorable Thomas Hillhoiise, Comptroller : — 

Dear Sir ; — The Trustees of the Cornell University having no fund 
belonging to said institution which can be appropriated to the purchase and 
location of the College Land scrip, they will not be able to purchase the 
same. 

Yours respectfully, 

E. Cornell, President Trustees. 

The State Engineer and Surveyor offered the following resolution : — 

Resolved, That the communication this day received from the Comptroller 
relating to the College Land scrip belonging to the Cornell University 
fund, togethes with the letters of the Honorable Ezra Cornell, also sub- 
mitted by the Comptroller, be entered in full upon the minutes of this 
Board. 

On motion the resolution was adopted. 

The State Engineer and Surveyor offered the following resolution : 

Resolved, That, in the opinion of this Board, the price affixed by the 
Comptroller to the College Land Scrip belonging to the Cornell University 
is as low'as he would be justified in placing them, as provided by act, chap- 
ter 481, Laws of 1866. 

The Lieutenant-Governor then offered the following as an amendment to 
the foregoing resolution : 

Resolved, That the minimum price named in act, chapter 481, of the 



PROCEEDINGS OF THE COMMISSIONERS. 45 

Laws of 1866, for the College Land Scrip, would be, in our opinion, all 
that the Comptroller should ask for the same, provided the security for 
the performance of the requirements of the act shall be tangible and ample. 

The ayes and noes were called for on the amendment : 

Ayes — Lieutenant-Governor, Secretary of State, Treasurer. 

Noes — State Engineer and Surveyor, Comptroller. 
• The amendment was adopted. 

The resolution as amended was then passed. 



At a meeting of the Commissioners of the Land Office, held July 24, 
1866: 

Present — Lieutenant-Governor, Comptroller, Attorney-General, Speaker 
of Assembly. 

In the matter of the application of Honorable Ezra Cornell for the pur- 
chase of the land scrip donated to the State of New York by the United 
States, the Attorney-General presented and read the following draft of an 
agreement : 

Whereas, Under the act of Congress, approved July 2, 1862, entitled 
"An act donating public lands to the several States and Territories which 
may provide colleges for the benefit of Agriculture and the Mechanic Arts," 
there were granted to such States and Territories, out of the public domain, 
lands in the proportion of thirty thousand acres for each Senator and Rep- 
resentative as fixed by the apportionment for i860; 

And, Whereas, The State of New York by act of its Legislature, passed 
March 4, 1863, declared its acceptance of the provisions of the said act of 
Congress, and thus became entitled to and received its distributive and 
proportionate share in the said grant in the form of land scrip representing 
nine hundred and ninety thousand acres, to be disposed of and the-proceeds 
applied in conformity with the provisions of the act of Congress before 
mentioned ; 

And, Whereas, by a series of acts subsequently passed by the Legislature 
of this State, to which reference is made, the avails of the scrip held by the 
State were devoted to the benefit and endowment of the Cornell Univer- 
sity, on the terms and conditions in said acts set forth; 

And, Whereas, to facilitate the early disposition of such scrip, and in 
addition to the price at which it might be sold, to secure to the said Uni- 
versity the profits arising from the sale of the lands located under such 
scrip, the Legislature by the act, chapter 481, passed April 10, 1866, pro- 
vided as follows, viz. : 

" Section i. The Comptroller is hereby authorized to fix the price at 



46 PROCEEDINGS OF THE COMMISSIONERS, 

which he will sell and dispose of any or of all the lands or land scrip do- 
nated to this State by the United States of America, by act of Congress, 
approved July second, eighteen hundred and sixty-two, and entitled 'An 
act donating public lands to the several states and territories which may 
provide colleges for instruction in agriculture and the mechanic arts.' Such 
price shall not be less than at the rate of thirty cents per acre for said lands- 
He may contract for the sale thereof, and sell the same to the trustees of 
the Cornell University. If the said trustees shall not agree with the said 
Comptroller for the purchase thereof, then the Commissioners of the Land 
Office may receive front any person or persons an application for the pur- 
chase of the whole or 1 any part thereof at the price so fixed by the said 
Comptroller, and may, if they are satisfied that the said person or persons 
will fully carry out and perform the agreement hereinafter mentioned, sell 
the same or any part thereof to the said person or persons. But the said 
trustees or person or persons shall at the same time make an agreement 
and give security for the performance thereof to the satisfaction of the Comp- 
troller, to the effect- that the whole net avails and profits from the sale of 
scrip or the location and use by said trustees, person or persons of the sai d 
lands, or of the lands located under said scrip, shall, from time to time, as 
such net avails or profits are received, be paid over and devoted to the pur- 
poses of sucL.institution or institutions as have been or shall be created by 
the act, chapter five hundred and eighty-five, of the Laws of eighteen hun- 
dred and sixty-five of the State of New York, in accordance with the pro- 
visions of the act of Congress hereinbefore mentioned. And the said trus- 
tees, person or persons to whom the said lands or scrip shall be sold, shall 
report to the Comptroller annually, under such oath and in such form as the 
Comptroller shall direct, the amount of land or scrip sold, the prices at 
which the same have been sold, and the amount of money received therefor, 
and the amount of expenses incurred in the location and sale thereof." 

"Seotion 2. The Comptroller is authorized from time to time as he 
shall see fit to make such examination into the actions and doings of his 
vendees of said lands or scrip therewith, as he shall deem necessary to as- 
certain and determine what are the net avails of the said lands or scrip from 
the sale or from the location, and use thereof by the said vendees." 
"Section 3. This act shall take effect immediately." 
And Whereas, the Comptroller in accordance with the att last mentioned 
and recited has fixed the price of said scrip at the rate of thirty cents per 
acre, and the trustees of the said University have through their President 
declined to negotiate for the purchase of said scrip, wherefore the Commis- 
sioners of the Land Office are authomed to sell and dispose of the same to 
any person or persons, at the price so fixed by the Comptroller and in ac" 
cordance with the provisions in said act, chapter 481 contained : 



PROCEEDINGS OF THE COMMISSIONERS. 47 

Now, therefore, this agreement made this day of July, eighteen 

hundred ami sixty-six, between the people of the State of New York through 
their Commissioners of the Land Office of the first part, and Honorable 
Ezra'Cornell of the second part, witnesseth : 

That the said parties of the first part hereby agree to sell, convey and 
deliver to the party of the second yart, all of the aforesaid land scrip now , 
in the possession and ownership of the State of New York, consisting of 
five thousand and eighty-seven certificates, each representing one hundred 
and sixty acres, on the following terms and conditions : 

1st. That the said party of the second part shall receive said scrip from 
time to time as the same can lie judiciously and properly located, in parcels 
representing not less than one hundred thousand acres, paying therefor into 
the treasury of the State, on its assignment and delivery to him by the 
Comptroller, at the rate of thirty cents per acre in the lawful money of the 
United States, and at the same time depositing with the Comptroller stocks 
or bonds to lie approved l>v him, to an amount equal to an additional thirty 
cents per acre, a-- security (for the fulfillment by said party of the second 
part of the conditions of this agreement, on the fulfillment of which, such 
stocks or bonds shall be returned to said party of the second part.) 

2d. That whenever any parcel of scrip, sold and delivered to the said 
party of the second part, under and by virtue of this agreement shall have 
been located by him or his agents, the said party of the second part hereby 
agrees, that he will without delay, furnish to the Commissioners of the 
Land Office of this State, or to some member thereof, to be designated by 
a resolution of the Board, a full and complete list, and description of the 
land so located. 

And said board of Commissioners, shall within at least sixty days there- 
after and from time to time subsequently, as may be found expedient, affix 
to each quarter section, or fractional part thereof a minimum valuation at 
at which the same may lie sold l>v said party of the second part — and said 
party of the second part further agrees that he will from time to time, 
whenever required by the Commissioners of the Land ( Mlice, render for 
their information, to the Comptroller, a full, just, and true account of all 
sales made by him — and will pay into the Treasury of the State the whole 
of the net profits arising therefrom, which shall be ascertained by deduct- 
ing from the gross receipts on sales, the original cost of thirty cents per 
acre — the cost and expenses attending the location and management of said 
lands — the taxes assessed and paid on the same by the party of the second 
part, and the interest at the rate of seven per cent, per annum, on the sev- 
eral amounts actually expended for such purposes. But it is expressly 
agreed by the party of the second part, that he will not sell any por- 
tion of the said lands at a price below the minimum valuation thereon, 



4§ PROCEEDINGS OF THE COMMISSIONERS. 

which may from time to time be fixed by the Commissioners of the Land 
Office. 

3d. That the foregoing stipulations and conditions shall apply to each 
and every parcel of scrip assigned and delivered to said party of the second 
part, under this agreement, and the Comptroller shall defer or suspend 
further assignments and deliveries of scrip whenever the party of the sec- 
ond part fails to perform such stipulations and conditions, in respect to 
any scrip sold and delivered to him until they have been complied with. 

4th. That as often and whenever the party of the second part shall furn- 
ish a description of any of the lands selected and located by him under and 
by virtue of said scrip, he shall immediately execute a mortgage thereon to 
the people of this State, to be approved by the Attorney-General, condi- 
tioned that the said party of the second part will fully keep and perform 
each and every one of the terms and conditions which by this agreement he 
is required to do, keep and perform. And this agreement is declared to be 
a continuing agreement, and a suit or suits at law, or in equity may be from 
time to time instituted and maintained thereon and upon any or all of said 
mortgages, for any violation of such terms or conditions, whenever such 
violation may occur. 

Said mortgages shall be delivered to the Comptroller, or to the Commis- 
sioners of the Land Office. 

5th. That whenever the party of the second part shall sell or dispose of 
any portion of the lands acquired by him under this agreement, and pay 
into the treasuery of the State the net profits resulting from such sales after 
the deductions hereinbefore mentioned and provided for, the parties of the 
first part shall execute and deliver a full and sufficient release of the por- 
tion sold from the lien of the mortgage, so that a clear title can be vested 
in the purchaser or purchasers. 

6th. That of the moneys arising from sales made by the party of the 
second part, and paid into the State Treasury as herein provided a propor- 
tion equal to thirty cents per acre shall be added to and form a part of the 
fund known and distinguished on the records of the Comptroller's, Office 
as the " College Land Scrip Fund." and the remainder shall constitute a 
separate and distinct fund, to be known as the Cornell Edowment Fund, 
the principal of which shall forever remain unimpaired, the income to be 
from time to time, and as the same shall be appropriated by the Legisla- 
ture, paid over to the Trustees of the Cornell University to be by them 
devoted to the purposes of the institution. 

7th. That the said party of the second part further agrees to purchase 
the whole of the aforesaid scrip, and select and locate land under and by 
virtue thereof, and execute mortgages thereon, as hereinbefore provided 
within four years' from the date hereof, and that he will sell the said lands 



PROCEEDINGS OF THE COMMISSIONERS. 49 

and pay the net profits arising from such sales, into the Treasury of this 
State within ten years from the date hereof, and that until the same shall 
be so sold and the net profits so paid, he will pay all taxes which may be 
assessed thereon, and preserve and maintain a title thereto unimpaired, to 
which the liens created by said mortgages shall attach. 

And if any event shall occur making it needful for the people of this 
State to incur any expense to preserve the lien of said mortgages, the same 
shall be paid by the party of the second part, and payment may be en- 
forced against him personally and by the foreclosure of any or all of said 
mortgages. 

And if, after the expiration of the period hereinbefore fixed, any of said 
scrip shall remain with this State, or any of said lands shall remain unsold, 
the said scrip shall revert to the people of this state, to be sold to such 
persons, and for the benefit of such institutions, as under the act of Con- 
gress donating such scrip, the Legislature may designate ; and the said 
mortgages may from time to time be foreclosed and the lands covered by 
the same may be sold for such prices as they may bring at public sale, 
without any liability to the party of the second part, for deficiencies or the 
inadequacy of the proceeds to reimburse him for the cost of said scrip, or 
expenses incident to the selection, location, or management of said lands or 
taxes thereon. 
The Lieutenant-Governor offered the following resolution : 
Resolved, That the draft of the agreement between the Commissioners of 
the Land Office, of the one part, and Honorable Ezra Cornell of the other 
part, as above read, be engrossed, and with the approval of the Comptroller 
executed on the part of the State by the Deputy Secretary of State, as ex- 
officio Secretary of the Commissioners of the Land Office, upon its due 
execution by Honorable Ezra Cornell on his part. 

On motion the resolution was adopted. 

At a meeting of the Commissioners of the Land Office, held September 
18, 1866 : 

Present — Lieutenant-Governor, Comptroller, Treasurer, Attorney-Gen- 
eral, State Engineer and Surveyor. 

The Comptroller offered the following resolution : 

Resolved, That the resolution of this Board, adopted July 24, 1866, pro- 
viding for the execution of an agreement with the Honorable Ezra Cornell 
for the sale to him of the College Land Scrip, held by this State, be re- 
scinded, and that in lieu of said agreement, this Board accepts the modified 
agreement this day submitted, and the Deputy Secretary of State, as ex- 
officio Secretary of the Commissioners of the Land Office, is hereby author- 



50 PROCEEDINGS- OF THE COMMISSIONERS. 

ized to execute said last mentioned agreement upon the due execution by 
Honorable Ezra Cornell on his part. 
On motion the resolution was adopted. 

SECOND AGREEMENT. 

This agreement made this fourth day of August, eighteen hundred and 
sixty-six, between the people of the State of New York through their 
Commissioners of the Land Office, acting under and by virtue of chapter 
481, of the Laws of 1866, of the first part, and Ezra Cornell of Ithaca, New 
York, of the second part, witnesseth : 

That the said party of the first part, hereby agree to sell and assign and 
deliver to the party of the second part, all of the agricultural land scrip 
now in the possession or ownership of the State of New York, consisting 
of five thousand and eighty-seven certificates, each representing one hun- 
dred and sixty acres, on the following terms and conditions : 

1st. That said party of the second part shall receive said scrip from time 
to time as the same can be judiciously located, in parcels representing not 
less than twenty-five thousand acres, paying therefor into the Treasury of 
the State, on its assignment and delivery to him by the Comptroller at the 
rate of thirty cents per acre in lawful money of the United States, or of the 
State of New York, or in other good and safe stocks or bonds to be ap- 
proved by the Comptroller, and drawing not less than five per cent, interest 
per annum, and at the same time depositing with the Comptroller stocks or 
rjonds to be approved by him, to an amount equal to an additional thirty 
cents per acre, as security for the fulfillment by the party of the second 
part, of the conditions of this agreement, so far as they relate to the execu- 
tion of a mortgage to the State on the land to be entered and located with 
said scrip, on the fulfillment of which, said stock or bonds so deposited as 
security shall be returned to said party of the second part. 

2d. That whenever any parcel of scrip sold and delivered to the said 
party of the second part under and by virtue of this agreement shall have 
been located by him, or his agents, the said party of the second part hereby 
agrees that he will, without delay, furnish to the Commissioners of the 
Land Office of this State, or to some member thereof, to be designated by 
a resolution of the Board, a full and complete list and description of the 
land so located. 

And the said Board of Commissioners shall within at least sixty days 
thereafter and from time to time subsequently, as may be found expedient, 
fix a minimum valuation by quarter sections at which the same may be sold 
by said party of the second part. 

And said party of the second part further agrees that he will annually 
and from time to time, whenever required by the Commissioners of the 



PROCEEDINGS OF THE COMMISSIONERS. 51 

Land Office, render for their information to the Comptroller a full, just and 
true account of all sales and leases made by him, said report to be made 
in such form and under such oath as the Comptroller shall direct, and will 
pay into the Treasury of the State the whole of the net profits arising there- 
from, which shall be ascertained by deducting from the gross receipts on 
sales the original cost of thirty cents per acre, the cost and expenses attend- 
ing the location, management and sale of said lands, the taxes assessed and 
paid on the same by the party of the second part, and the interest at the 
rate of seven per cent, per annum on the several amounts actually expended 
and liabilities incurred for such purposes. But it is expressly agreed by th e 
party of the second part that he. will not sell any portion of said lands at a 
price below the minimum valuation thereon, which may from time to time 
be fixed by the Commissioners of the Land Office, without first obtaining 
their consent to do so in writing. 

3d. That the stipulation and conditions of this agreement shall apply 
to each and every parcel of scrip assigned and delivered to said party of the 
second part under this agreement, and the Comptroller shall defer or sus- 
pend further assignments and deliveries of scrip whenever the party of the 
second part fails to perform such stipulations and conditions, in respect to 
any scrip sold and delivered to him under this agreement, until they have 
been complied with. 

Except nevertheless, that stocks or bonds as security for the return and 
mortgage of lands located under scrip to the party of the second part, shall 
in no case be required when there shall remain in the hands of the Comp- 
troller by virtue of this agreement, mortgaged lands not released, equal in 
quality to the scrip which may be issued to the party of the second part 
and remain not located and mortgaged as provided by this agreement. 

4th. That as often as and whenever the party of the second part, shall 
furnish a description of any of the land selected and located by him under 
and by virtue of said scrip he shall immediately execute a mortgage thereon 
to the People of this State to be approved by the Attorney-General condi- 
tioned that the said party of the second part will fully keep and perform 
each and every of the terms and conditions he is required to do, keep and 
perform. 

And this agreement is declared to be a continuing agreement, and a suit 
or suits at law, or in equity may be from time to time instituted and main- 
tained thereon, and upon any or all of said mortgages for any violation o 
such terms and conditions whenever such violation may occur. 

Said mortgages shall be delivered to the Comptroller, or to the Commis- 
sioners of the Land Office. 

5th. Whenever the party of the second part shall sell or dispose of any 



52 PROCEEDINGS OF THE COMMISSIONERS. 

section of the land acquired by him, under this agreement, and pay into the 
Treasury of the State the net profits resulting from such sale after the de- 
ductions hereinbefore mentioned and provided for, the party of the first 
part shall execute and deliver to the party of the second part a full and suffi- 
cient release of the portion sold from the lien of the mortgage, so that a 
clear title can be vested in the purchaser or purchasers. 

6th. That of the moneys arising from sales or leases made by the party 
of the second part and paid into the State Treasury as herein provided, a 
proportion equal to thirty cents per acre shall be added to and form a part 
of the fund known and designated on the records of the Comptroller's Office 
as the "College Land Scrip Fund;" and the remainder shall constitute a 
separate and distinct fund, which shall be the property of the " Cornell Uni- 
versity," to be known as the " Cornell Endowment Fund," the principal of 
which shall forever remain unimpaired, the income to be annually appro- 
priated by the Legislature and paid over from time to time to the Trustees 
of the Cornell University to be by them devoted-to the purposes of the 
institution. 

7th. That the said party of the second part, further agrees to purchase 
the whole of the aforesaid scrip, and select and locate lands under and by 
virtue thereof, and execute mortgages thereon as hereinbefore provided 
within four years from the date hereof, and that he will sell the lands 
within twenty years from date and pay the net profits arising from such 
sales into the Treasury of this State, and that until the same shall be sold 
and the net profits so paid, he will pay all taxes which may be assessed 
thereon and preserve and maintain a title thereto unimpaired, to which the 
liens created by said mortgages shall attach. 

And if any event shall occur making it needful for the people of this State 
to incur any expense to preserve the lien of said mortgages, the same shall 
be paid out of the proceeds of the sales of said lands. 

And if after the expiration of the period of four years hereinbefore fixed 
any of said scrip shall remain with this State and not have been paid for 
by the party of the second part, the same shall be released thereafter from 
the conditions and stipulations of this agreement. 

Hon. Ezra Cornell made the following application : 

I apply for such temporary modification of my agreement with the Com- 
missioners of the Land Office, in relation to the College Land scrip, so 
that for the present the Comptroller will receive an assignment of Land 
Receiver's certificates in lieu of a mortgage on the lands to be patented to 
me on such certificates. E. Cornell. 

Albany, September 18, 1866. 



PROCEEDINGS OF THE COMMISSIONERS. 53 

The Attorney-General offered the following resolution: 

Resolved, That in order to facilitate the location of the Land scrip con- 
tracted to be sold to Hon. Ezra Cornell (reference being had to the agree- 
ment made with him) the Comptroller is authorized to receive an assign- 
ment of Land certificates, mentioned in above proposition, to the extent of 
100,000 acres, to be held temporarily in lieu of a mortgage thereon, and as 
and for a mortgage, until patents can be obtained therefor, and the same 
may be mortgaged by said Cornell, as provided by his agreement. 

On motion, the resolution was adopted. 

At a meeting of the Commissioners of the Land Office, held May 15, 
1867: 

Present — Lieutenant-Governor, Secretary of State, Comptroller, Treas- 
urer. 

The Comptroller offered the following resolution : 

Resolved, That the resolution offered by the Attorney-General, on the 
application of the Hon. Ezra Cornell, and adopted by the Board on the 
18th day of September, 1866, authorizing the Comptroller to issue to the 
Hon. Ezra Cornell, Land scrip representing 100,000 acres, on receiving 
from him an assignment of an equal amount of certificates of location, be 
extended so as to cover an additional 100,000 acres, for the purpose, and 
on the conditions set forth in said resolution. 

On this resolution, the roll was called, and all present answering in the 
affirmative, the resolution was adopted. 

At a meeting of the Commissioners of the Land Office, held June 18, 
1867: 

Present — Secretary of State, Comptroller, Treasurer, Attorney-General, 
State Engineer and Surveyor, Speaker of Assembly. 

The Secretary of State offered the following resolution ; 

Resolved, That the Comptroller be advised and authorized to receive the 
personal bonds of the Hon. Ezra Cornell for the Land Scrip contracted to 
be sold to him by virtue of chapter 481 of the laws of 1866, as the same 
shall hereafter be issued to him, to the amount of thirty cents per acre, 
drawing not less than five per cent interest. Such bonds to be secured by 
the assignment of all land scrip issued to him and heretofore located, and 
all other scrip to be hereafter issued so soon as located, or by mort- 
gage of the land so located whenever patents shall be obtained there- 
for. Such assignments to be held, also, in lieu of the mortgages, pro- 
vided for in the agreement between the Commissioners of the Land 
Office and said Cornell, bearing date on the fourth day of August, 1866. 

On motion, the resolution was adopted. 

The foregoing extracts from the minutes of the Commissioners of the 



54 PROCEEDINGS OF THE COMMISSIONERS. 

Land Office, give the proceedings of that Board under the act of 1866, 
down to the present time. It only remains to explain certain portions of 
the agreement of August 4th, that may appear in conflict with the act of 
Congress, and of the Legislature of this State. 

1st. The first section of the act of 1866, provides that "the whole net 
avails and profits from the sale of scrip or the location and use of the said 
lands, or of the lands located under said scrip, shall from time to time, as 
such net avails or profits are received, be paid over and devoted to the pur- 
poses of such institution or institutions as have been or shall be created 
under the act, chap. 585 of the Laws of 1865, in accordance with the act 
of Congress hereinbefore mentioned." Considered separately, the Legis- 
lature would appear to have retained under this clause large discretionary 
powers, in the disposition of the profits arising from sales. Taken, 
however, in connection with the exclusive grant of these profits to the 
Cornell University by the act of 1865, on conditions that had been fully 
complied with by the founder of that Institution, it could not be construed 
so as to interfere with the previous law, without impairing the obligation 
of a contract. Believing this to be the equitable and fair construction of 
the clause and that it must be sustained by the courts on any question that 
might arise, the Commissioners decided to admit into the agreement with 
Mr. Cornell, the provision which limits the application of the net profits 
when paid into the treasury to the use and benefit of the Institution which 
by the failure of the People's College had become entitled to them by the 
act of 1865. An additional reason for this action on the part of the Com- 
missioners was drawn from the consideration that by no possibility could 
the provisions of the act of 1866, appropriating the avails of the lands 
sold "to such Institution or Institutions as have been or shall be created 
by the act, 'chapter 585," be so construed as to cover any Institutions 
except those mentioned therein, because the act contained no provision for 
the creation of others, and of those mentioned, the People's College having 
failed to comply with the terms imposed, the Cornell University had 
become the sole, beneficiary of the grant. 

2d. By the second section of the act of Congress, it is provided, "That 
in no case shall any State to which land scrip may be issued, be allowed to 
locate the same within the limits of any other State or of any territory of 
the United States, but their assigns may locate the said land scrip upon 
any of the unappropriated lands of the United States, subject to sale at 
private entry at' one dollar and twenty-five cents, or less, per acre." In 
deciding on the security to be taken for the performance of the agreement, 
the Commissioners of the Land Office were of the opinion, that in view of 
the importance of the transaction, and the uncertainty of the time that 



PROCEEDINGS OF THE COMMISSIONERS. 55 

would be required to complete it, no form of personal security was admis- 
sible, but that a mortgage should be required on the lands as located. The 
only question that arose here, was as to the effect of a foreclosure of the 
mortgage, and the possible acquisition of title by the State under such a 
proceedure. Could it in any sense be considered an evasion of the prohi- 
bition contained in the act of Congress ? The conclusion was that it could 
not, when it resulted from the enforcement of a lawful remedy, and if 
otherwise, that the difficulty would be avoided by a sale to other parties, 
or to some person to hold as trustee for the State. The question, however, 
is not likely to be a practical one, in view of a resolution of the Commis- -, 
sioners of the Land Office, passed September 18, 1866, providing for a 
substitution of assignments of certificates of location instead of a mort- 
gage security. 

3d. By the fourth section of the act of Congress, the monies derived 
from the sales of lands donated, are to form a perpetual fund, the capital 
of which shall remain forever undiminished ; and by the fifth section, "no 
portion of said fund nor the interest thereon, shall be applied directly or 
indirectly to the purchase, erection, preservation or repair of any building 
or buildings." In deciding what portion of the income of the money paid 
into the Treasury under the agreement with Mr. Cornell, would be subject 
to this limitation as to its use and application, the Commissioners of the 
Land Office assumed that the prohibition applied only to the purchase mon- 
ey received by the State on a sale of the scrip, and that the ultimate profits 
to be derived from the location and sale of the lands by the purchaser, formed 
no part of the purchase money, and need not therefore be included. The 
nominal price, however, which was fixed on the scrip by the act of 1866, 
and for which it was sold, in consideration of the stipulation to pay over 
the net profirs, being less than the market rates, it was stipulated in the 
sixth section of the agreement that an additional thirty cents per acre from 
the net profits, should, when such profits were paid into the Treasury, be 
added to the purchase money, thus increasing the price to sixty cents per 
acre the current rate for the scrip, at the date of the transaction, and lim- 
iting the purposes to which it may be applied in conformity with the terms 
of the grant by Congress. 

4th. It will be noticed that by the resolutions of the Commissioners of 
the Land Office of September 18th, 1866, and May 15th, 1867, the Comp- 
troller was authorized to receive assignments of certificates of location as 
security for the performance of the agreement, instead of mortgages as 
therein provided. This modification was made on the application of Mr. 
Cornell, to obviate the necessity of taking out patents for the lands as lo- 
cated, which it would have been necessary to do, before the mortgages 



56 PROCEEDINGS OF THE COMMISSIONERS. 

could be executed, thus occasioning delay in the locating of the scrip, as 
under the agreement it is required that a mortgage shall be executed on 
each parcel of scrip delivered to the purchaser, before the delivery to him 
of an additional quantity. By substituting an assignment of certificates of 
location issued by the Registers of the Land Office on the selection of the 
lands, without awaiting the formal issue of patents, the process of locating 
was hastened, without, it is believed, in any way impairing the security. 

The scrip is issued no faster than certificates of location are assigned, and 
such certificates are worth a sum in excess of an equal quantity of scrip, 
represented by the cost and expenses of location. Practically the scrip is 
returned to the State in a new form and increased in value. 

5th. By the act of 1866, it is provided that the net avails of the lands 
" shall from time to time, as such net avails or profits are received, be 
paid over and devoted to the purposes of such institution or institutions 
as have been or shall be created by the act, chapter 585, Laws of 1865." 
A question arose here, whether under this clause these net profits should 
be required to be paid into the treasury of the State, or whether by the 
terms of the act, any part of them could be permitted to pass under the 
control and guardianship of the Trustees of the University. The Commis- 
sioners of the Land Office after due consideration, decided that they must 
be paid into the treasury, for the reasons stated in the following letter 
from the Comptroller to Mr. Cornell, to which he refers in his communi. 
cation of June 9th, 1866, which has been already given in the proceedings 
of the Commissioners of the Land Office. 

State of New York, Comptroller's Office, \ 
Albany, May 25, 1866. \ 

Hon. Ezra Cornell, President, &c, Ithaca: 

Dear Sir — Since my interview with you on the subject of the disposal 
of the College Land scrip, I have carefully considered the provisions of 
the act, chapter 481, passed at the last session of the Legislature, and 
have come to the following conclusions : 

1st. That the direction to fix the price and sell, given in the act is not 
mandatory, but allows the Comptroller to exercise discretionary powers. 

2d. That three is no power given to sell, at any price, except to persons 
who will agree to account for and devote the avails " to the purposes of 
such institution or institutions as have been or shall be created by the act, 
chapter 585, Laws of 1865." 

3d. That if it was the intention of the Legislature that the net avails of 
the scrip or any portion of it should be placed under the control and man- 



PROCEEDINGS OF THE COMMISSIONERS. 57 

agement of any person or corporate body, instead of in the treasury of the 
State, the language of the act fails to express it. 

4th. That as neither the State nor any person or body corporate is 
expressly made the custodian of the avails of the scrip, the intention of 
the Legislature in respect to the care and custody of them can only be 
inferred. 

5th. That the inference that it was intended the avails should be placed 
in the treasury arises naturally from a consideration of the provisions of 
the act of Congress, with which it may fairly be presumed the legislation 
of this State is to harmonize. 

6th. That to allow the avails 01* any portion of them to pass into other 
hands, would be so clearly inconsistent with the provisions of the act 
of Congress referred to, that if it was intended to make such a disposal of 
them, it should have been expressly stated in the act, and not left to be 
inferred. 

7th. That aside from other considerations, the safety and preservation of 
the avails of the scrip as a fund to be devoted to the cause of education, 
would be more fully provided for by placing it in the treasury of the State, 
the income to be drawn therefrom only on appropriations made by law, than 
by passing it over to a body corporate, where, from the changes occurring 
from deaths, resignations or otherwise, there could be no assurance of a 
fixed and definite policy in regard to its use, and when, if used contrary to 
the objects and purposes contemplated in the acts of Congress and of the 
Legislature of this State, the remedy would, to say the least, be uncertain 
and incomplete. 

It is perhaps unnecessary to add that in arriving at these conclusions, 
and proposing as I do to make them the basis of my action under the law, I 
am governed* by no other consideration than a desire to aid in the accom- 
plishment of the great work which you have undertaken. In my opinion 
it is of vital importance that the fund which is to form the main endowment 
of the University should be realized as soon as practicable, by a location of 
the scrip and a sale of the lands ; so far I am confident you will agree with 
me, the only question where there can be any difference is, as to the custo- 
dy of the avails thereafter, so far as the income is concerned ; it can be of 
no practical importance to the friends of the University, whether it be de- 
rived from investments under the control of the_State^or of the Trustees; 
in either case it must go to the support of the institution ; nor can the ques- 
tion of the custody and control of the principal be of any more practical im- 
portance except on the supposition that if turned over to the Trustees'un- 
der the act of the last session it might" perhaps be used for purposes not 
contemplated in the grant by Congress. On this view of the question I am 



58 PROCEEDINGS OF THE COMMISSIONERS. 

hopeful that as you have a greater interest in the formation of a permanent 
and ample endowment for the institution than any other individual, we may 
agree on some plan under which you can become the purchaser of the 
scrip held by the State, with such provision as to the disposal of the pro- 
ceeds as will conform with what I conceive to be the requirements of the 
law. Very respectfully yours, 

Thomas Hillhouse, Comptroller. 
i 

6th. There has been delivered to Mr. Cornell since the date of the 
agreement, scrip representing 288,000 acres, 100,000 acres under the 
original agreement of August 4th, 1866, and 188,000 acres under the' 
agreement as modified by the resolutions of the Commissioners of the 
Land Office of September 18th, 1866, and May 15th, 1867. For the thirty 
cents per acre on the first 100,000 acres, the bond of Mr. Cornell was ac- 
cepted, secured by the deposit of $30,000 of the first mortgage bonds of 
the Western Union Telegraph Company, and a further deposit of $27,000 
of these bonds was required as security for the performance by Mr. Cor- 
nell of the conditions of the agreement with fespect to executing a mort- 
gage. For the remaining 188,000 acres the State holds by assignment, 
certificates of location representing an equal amount, and the personal 
bonds of Mr. Cornell for the thirty cents per acre, received without collat- 
erals in conformity with the resolution of the Commissioners of the Land 
Office, of June 18, 1867. The object of this resolution was to relieve the 
purchaser from the obligation to pay the thirty- cents per acre in cash, in 
view of the large advances necessary to be made by him from time to time 
in the location of the scrip, and for other expenses amounting in the aggre- 
gate to several hundred thousand dollars. As the certificates of location 
represent the full value of the scrip, whatever that may be, increased by the 
cost of location, the State cannot in any event lose by an arrangement, un- 
der which the one is exchangedjbr the other, acre for acre, and the pay- 
ment of the thirty cents per acre merely suspended until the lands are sold. 

7th. By the third section of the act of Congress, it is provided, "That all 
expenses of management, superintendence and taxes from date of selection 
of said lands previous to their sale, and all expenses incurred in the man- 
agement and disbursement of the moneys which may be received therefrom, 
shall be paid by the States to which they may belong, out of the treasury 
of said States, so that ' the entire proceeds ' of the sale of the said lands 
shall be applied without any diminution whatever, to the purposes herein- 
after mentioned." This provision is substantially incorporated in the act 
of May 5th, 1863, although it would seem to have no application to a sim" 
pie sale of scrip, and to be limited in its operation to States, selecting lands 
open to entry within their own limits, instead of receiving land scrip. In 



COLLEGE LAND SCRLP FUND. 59 

the one case there would be the expenses of selection, management and 
sale, to be provided for ; in the other, there might not be any expenses 
whatever. 

Whether it will become necessary hereafter to advance out of the treas- 
ury the cost attending the selection, management and sale of the lands en- 
tered with the scrip received under the act of Congress, will depend upon 
whether such a transaction as that authorized by the act of 1866, is to be 
considered a sale, or an agency with a transfer of title, for the purpose of 
facilitating the object in view. If the former, it would appear that these 
expenses may be paid, as provided for in the agreement with Mr. Cornell, 
from the moneys received on sales, without evading the provisions of tne 
act of Congress. If the latter, the "entire proceeds" of such sales, with- 
out any deduction, would have to be paid into the treasury, and the ex- 
penses provided for in some other way. On the first supposition, in con- 
formity with- which, it will be seen by the agreement, the Commissioners 
of the Land Office have acted, the avails of the scrip coming into the 
treasury, would be decreased in amount. On the second, they would be 
increased, but at the cost of the General Fund. 

In conclusion, it is respectfully suggested, that there should be some 
constitutional guarantee of the inviolability of the fund contemplated by 
the act of 1866, and of its application to the objects and purposes men- 
tioned in the act of 1865, so far, at least, as such a guarantee can be prop- 
erly extended to a contract not yet fulfilled. 
Respectfully submitted, 

THOMAS HILLHOUSE, Comptroller. 



XX. College Land Scrip Fund. — Extract from the Comptroller's 
Report, 1868, pages 21 and 85. 

COLLEGE LAND SCRIP FUND. 

There had been delivered to Honorable Ezra Cornell at the date of this 
report, on his agreement for the purchase of the College Land Scrip 
donated to this State, two thousand and seven hundred pieces, represent- 
ing 432,000 acres, leaving two thousand three hundred and eighty-seven 
pieces, representing 381,920 acres still to be located. The selections made 
by the agent of Mr. Cornell, are understood to be exceedingly valuable, 
consisting principally of pine timber lands in Wisconsin, favorably situated 
for the manufacture of lumber, and almost certain to be in demand within 
a few years. Under the resolutions of the Commissioners of the Land 
Office of September 18, 1866, and May 15, 1867, the Comptroller was 



60 COLLEGE LAND SCRLP FUND. 

authorized to receive assignments of certificates of location, as security for 
the performance of the agreement, instead of mortgages as therein provid- 
ed. This modification was made on the application of Mr. Cornell, to 
obviate the necessity of taking out patents for the lands as located, which it 
would have been necessary to do before mortgages could be executed, thus 
occasioning delay in the locating of the scrip ; as under the agreement it is 
required that a mortgage shall be executed on each parcel of scrip deliv- 
ered to the purchaser, before the delivery to him of an additional quantity. 
By substituting an assignment of certificates of location, issued by the Reg- 
sters of the Land Office, on the selection of the lands without awaiting the 
formal issue of patents, the process of locating was hastened, without it is 
believed in any way impairing the security. The scrip is issued no faster 
than certificates of location are assigned, and as these are worth more than 
an equal amount of the scrip, by the cost and expenses of location, the 
scrip is practically returned to the State in a new form and increased in 
value. Document No. 24 of the appendix contains a history of the pro- 
ceedings of the Commissioners of the Land Office, under the act of i860, 
down to July 22, 1867. The receipts and payments on account of the Fund, 
for the past fiscal year, are given in the foregoing table. 

COLLEGE LAND SCRIP FUND. 

Capital. 

This fund consists of the following items, viz : 

Seven per cent State stock, issued in pursuance of chapter 
325, Laws of 1865, and chapter 209, Laws of 1866, re- 
deemable April 7, 1877 $64,00000 

Bond of Ezra Cornell, dated November 24, 1865, 7 per 

cent, redeemable November 24, 1875 50,000 00 

Bond of Ezra Cornell, dated August 4, 1866, 7 per cent, 

redeemable August 4, 1871 30,00000 

Bond of Ezra Cornell, dated Sept. 18, 1866, 7 per cent, 

redeemable Sept. 18, 1871 30,00000 

Bond of Ezra Cornell, dated June 7, 1867, 7 per cent, re- 
deemable June 7,1872 30,00000 

Bond of Ezra Cornell, dated Aug. I, 1867, 7 per cent, re- 
deemable Aug. 1. 1872 30,00000 

Money in the treasury 44° °° 

$234,440 00 
Revenue, viz : 

Balance in the treasury on the 30th September, 1866 $11,357 55 

Amount received into the treasury during the year ending 



CORNELL ENDOWMENT FUND. 61 

30th September, 1867 (see Statement I) 12,843 2 4 



$24,200 79 
Amount paid from the treasury during the year ending 

30th September, 1867 (see Statement II) 9,000 00 

Balance in the treasury on the 30th September, 1867 $15,200 79 



XXI. Act donating duplicates in the State Cabinet to the Univer- 
sity. — Laws of New York, 1868, chapter 179. 

AN ACT to donate to the Cornell University a collection from the dupli- 
cates of fossils and minerals belonging to the State, and to empower the 
Cornell Library to transfer certain things and rights to the Cornell Uni- 
versity. 

Passed April 11, 1868; by a two-thirds vote. 

The People of the State of New York, represented in Senate and Assembly 
do enact as follows : 

Section i. The State Paleontologist, under direction of the Regents of 
the University, is hereby authorized to select from the duplicate fossils and 
minerals belonging to the State, as full and complete a collection of speci- 
mens as can be made for the purpose, and label and mark the same with 
their proper scientific names, so that they shall be properly distinguished, 
and present them, in the name of the State, to the Cornell University at 
Ithaca, New York. 

§ 2. The Cornell Library is hereby empowered to transfer to the Cor- 
nell University any articles or things whatsoever, or right to receive any 
articles or things whatsoever, which said Cornell Library has already re- 
ceived, or has been or will be entitled to receive, under and by virtue of an 
act entitled "An act to donate to the Cornell Library a collection from the 
duplicates of fossils and minerals belonging to the State, " passed May elev 
en, eighteen hundred and sixty-five, by resolution of the trustees of said 
Cornell Library at any regular meeting thereof. 

§ 3. This act shall take effect immediatly. 



XXII. Act relating to the Cornell Endowment Fund. — Laws of 
New York, 1868, Chapter 554. 

AN ACT to authorize the Comptroller to invest the moneys belonging to 



the Cornell Endowment Fund. 



62 COLLEGE LAND SCRLP FUND. 

Passed May 4, 1868 ; without the approval of the Governor.* 

The People of the State of New York, represented in Senate and Assembly 
do enact as follows ; 

Section i. The moneys which may be received from the sale of the land 
donated to this State, by act of Congress entitled "An act donating public 
lands to the several States and territories which may provide colleges for the 
benefit of agriculture and mechanic arts, approved July second, eighteen huu- 
dred and sixty-two, in excess of sixty cents per acre, which excss, in pursu- 
ance of a contract made with Ezra Cornell by the commissioners of the land- 
office, bearing date August fourth, eighteen hundred and sixty-six, is set 
apart and constituted as a separate and distinct fund to be known as the 
"Cornell Endowment Fund," shall, from time to time, and as often as there 
shall be a sufficient accumulation for that purpose be invested by the comp- 
troller in stocks of the United States, or of this State, or in some other safe 
stocks yielding not less than five per centum per annum on the par value 
thereof, or on bonds secured by mortgage upon unincumbered real estate, 
situated within this State, worth at least double the amount secured by such 
mortgage ; but no loan on bond and mortgage shall be made unless first ap- 
proved by the president of the board of trustees of the Cornell University. 
The said fund and the interest and income thereof, subject to the expenses 
of the care and management of the same, shall be held for and devoted to 
the purposes of the said Cornell University, in pursuance of the contract 
before mentioned. 

§ 2. This act shll take effect immediately. 



XXIII. Appropriation for the College Land Scrip Fund, 1868. 
— Laws of New York 1868, chapter 830. 

F}'om the College Land Scrip Fund. — For the Cornell University, pursu- 
ant to chapter five hundred aad eighty-five of the Laws of eighteen 
hundred and sixty-five, eighteen thousand dollars. 



XXIV. College Land Scrip Fund and Cornell Endowment 
Fund. — Extract from the Comptroller's Report, 1869, pages 
34, 93> J 45 and J 48. 
Both the "College Land Scrip Fund" and the "Cornell Endowment 



* Pursuant to the last clause of section nine, article four of the Constitution of the State 
of New York. 



LAND SCRIP AND CORNELL ENDOWMENT FUND. 63 

Fund " are the fruits of the sale to Mr. Cornell of the College Land Scrip, 
donated to this State by the United States, in pursuance of the act of Con- 
gress, approved July 2, 1862. 

The following statement shows the condition of this Fund on the 30th o^ 
September, 1868 : 

Capital $404,683 37 

Represented by 

Bonds of Mr. Cornell 1 79,600 00 

State Stocks 1 74,000 00 

United States Stocks 10,000 00 

Money in the treasury 41,083 37 

Since the close of the fiscal year, the money then in the treasury, with 
the exception of a small amount uninvested, has been invested, a part in 
the stocks of the State, and the remainder in the stocks of the United 
States. 

The revenue was as follows : 

Balance in the treasury, September 30, 1867 $15,200 79 

Received during the year 11,603 33 

Paid from the treasury J 4,534 72 

Balance in the treasury, September 30, 1868 $12,269 4° 



This, balance has, since the close of the fiscal year, been paid to the 
treasurer of Cornell University, - in pursuance of the appropriation made 
by chapter 830 of the Laws of 1868. 

On the 30th of September, 1868, the capital of the "Cornell Endow- 
ment Fund " was $97,200, and was in the treasury. Since the close of the 
year, with th.2 exception of a small sum still remaining in the treasury, it 
has been invested, part in State Stocks, and the remainder in United States 
stocks. 

Since the last annual report of the Comptroller there has been sold of 
the scrip, by Mr. Cornell, with the approval of the Comptroller, 1,750 
pieces, representing 280,000 acres of land, for the aggregate sum of $270,- 
000, of which $258,000, including $10,000 represented by U. S. 7i 3 o Treas- 
ury notes, has been paid into the treasury, and constitutes the increase of 
the capital of the two funds named. For the balance of the purchase mon- 
ey, a transfer of land scrip for lands donated by the United States to the 
State of North Carolina, representing 16,000 acres was taken in lieu of 
money, at the rate of 75 cents per acre, and is now held by the Comptroller 
upon the same trusts as the original scrip. 

By the contract with Mr. Cornell, a copy of which made a part of 
Schedule XXIV, annexed to the last annual report of the Comptroller, Mr. 



64 LAND SCRIP AND CORNELL ENDOWMENT FUND. 

Cornell was to pay or secure thirty cents per acre on the transfer of the 
scrip, and also pay into the treasury all the net profits arising from all sales 
or leases of the lands ; and it was agreed that of the moneys arising from 
sales or leases made by Mr. Cornell, and which should be paid into the 
treasury of the State, a proportion equal to thirty cents per acre should be 
added to, and form a part of the " College Land Scrip Fund," and the re- 
mainder should constitute a separate and distinct fund, which should be 
the property of the "Cornell University," to be known as the "Cornell 
Endowment Fund," the principal of which should forever remain unim- 
paired, the income to be annually appropriated by the Legislature, and 
paid over from time to time to the trustees of the Cornell University, to 
be by them devoted to the purposes of the institution. It will be observed 
that the revenues arising from the "Cornell Endowment Fund" may, by 
the terms of the contract, be applied generally, and in the discretion of the 
the trustees, to any of the purposes of the University, while the " College 
Land Scrip Fund " is regarded as within the scope of the act of Congress, 
which having provided that the moneys derived from sales of the lands do- 
nated, should form a perpetual fund, the capital of which should remain 
forever undiminished, declared that "no portion of said fund, nor the"inter - 
est thereon, should be applied directly or indirectly to the purchase, erection > 
preservation or repair of any building or buildings." 

At the last session of the Legisla ture an act was passed, and became a 
law without the approval of the Governor, by which the ComptrolFer was 
authorized to invest the capital of the " Cornell Endowment Fund " in 
certain stocks or in bonds secured by mortgage upon real estate (chapter 
554 of the laws of 186S). 

While the Comptroller, in pursu ance of the contract, opened two accounts 
in the books of his office, one with each fund, crediting each with its prop- 
er portion of the proceeds of the sales of the scrip, and this credit to the 
" Cornell Endowment Fund" constitutes the capital of that fund, he de- 
clined to loan the same upon bond and mortgage, believing that there is a 
grave doubt whether the Legislature could authorize the creation of two 
distinct funds, either of which should not be in all things subject to the 
provisions of the act of Congress, donating the lands to the State. The 
State received the funds in trust, subject to all the limitations and restric- 
tions and impressed with all the conditions imposed by Congress. By the 
act all the moneys derived from the sale of the lands donated are to form 
a perpetual fund, the capital of which is to remain inviolate, and all losses 
of any part thereof are to be made good by the- State; and by the same act 
the capital is required to be invested in United States or State stocks, or 
other safe stocks, yielding not less than five per centum per annum on the 
par value thereof. The act of Congress also provided that "all the expen- 



LAND SCRIP AND CORNELL ENDOWMENT FUND. 65 

ses of management, superintendence and taxes from the date of selection 
of said lands previous to their sale and all expenses incurred in the man- 
agement and disbursement of the moneys which may be received therefor, 
shall be paid by the State to which they may belong out of the treasury of 
said State, so that the entire proceeds of the sale of said lands shall be ap- 
plied without any diminution whatever to the purposes " named in the act. 
The "safe stocks " authorized to be purchased as investments of the fund 
are understood to be public stocks, and not shares of the capital stock of 
private corporations, the income from which depends upon earnings. 

It became a question whether under the terms of the contract all the 
moneys which should be paid into the treasury in pursuance of the agree- 
ment were not part of the purchase money ; a part of the consideration 
upon which the State parted with the title to scrip, and so directly "de- 
rived from the sales of the lands " donated. The entire amount was only 
that, which Mr Cornell agreed to pay into the treasury in consideration of 
receiving the transfer, and the State derived it, that is received it for the 
lands and as a part of the agreed compensation for the transfer and not as 
a donation. The Comptroller was inclined to the opinion that the transac- 
tion with Mr. Cornell was in substance "an agency with a transfer of title 
for the purpose of facilitating the object in view" rather than a sale for the 
very small sum agreed to be paid or secured at the time of the transfer. It 
would follow, if this was the right view, that all moneys received into the 
treasury, being the fruits or proceeds of the sale, would be subject to the 
provisions of the act of Congress, both as to investments and the applica- 
tion of the revenues. He submitted the question to the Attorney-General 
and received from him an opinion, a copy of which is annexed as schedule 
XXVII. 

Mr. Cornell has filed in the office of the Comptroller, a report in pursu- 
ance of the requirements of chapter 481 of the Laws of 1866, and the terms 
of his contract with the Commissioners of the Land Office. A copy of the 
same is annexed hereto as Schedule XXVI. 

The net profits arising from the sale or lease of the lands which are, by 
the agreement, to be paid into the treasury, in addition to the first thirty 
cents per acre, for the purposes indicated, are to be ascertained "by deduct- 
ing from the gross receipts on sales the original cost of thirty cents per 
acre, the cost and expenses attending the location, management, and sale 
of said lands, the taxes assessed and paid on the same by the party of the 
second part (Mr. Cornell), and the interest, at the rate of seven per cent 
per annum, on the several amounts actually expended and liabilities incur- 
red for such purposes." 

There has been no occasion to state an account of the disbursements 
which, within the clause of the agreement quoted and the act under which 



66 COLLEGE LAND SCRLP FUND. 

it was made, should be deducted from the gross receipts on sales in ascer- 
taining the net profits to be paid into the treasury, as there have been no 
sales of any of the located lands, and no money paid for scrip or lands from 
which Mr. Cornell is entitled to be reimbursed any part of his expenditures. 
The accounts and claims, therefore, annexed to and making a part of his 
report, is merely the assertion of his claim, and not the statement of an 
account which has been audited or allowed, or as correctly or authoritatively 
indicating the items which should enter into such an account, or the princi- 
ples upon which the account should be- stated, and the "net profits" ascer- 
tained. The Comptroller deems it proper to make this statement, to the 
end that he may not be precluded by the report, or its reference to the 
Legislature, from claiming and insisting upon a proper statement of the 
account hereafter. The report makes no reference to taxes upon the located 
lands, and therefore it is presumed that no taxes have been paid by Mr. 
Cornell. The lands, when located, are supposed to be subject to taxation 
by the States within which they are situated, and it has been understood 
that large taxes have been imposed upon them. While it is not doubted 
that Mr. Cornell will properly look after the lands, and pay all taxes at the 
proper time, it is perhaps proper to guard against the contingency of his 
death or absence, and to prevent a loss of the lands, upon default in the 
payment of taxes, that some provision should be made by legislation for 
the payment of taxes, if an emergency should arise. 

COLLEGE LAND SCRIP FUND. 

Capital. 
This fund consists of the following items, viz. : 

Seven per cent State stock, issued in pursuance of chap- 
ter 325, Laws of 1865, and chapter 209, Laws of 1866, 
redeemable April 7, 1877 $64,00000 

Five per cent State stock, issued in pursuance of chapter 

216, Laws of 1848, redeemable July I, 1875 110,000 00 

United States 5 per cent, 5-20, registered stock, author- 
ized by act of Congress, approved March 3, 1865, re- 
deemable at pleasure after July I, 1872 10,000 OO 

Bond of Ezra Cornell, dated November 24, 1865, 7 per 

cent, redeemable November 24, 1875 50,000 00 

Bond of Ezra Cornell, dated August 4th, 1866, 7 per cent, 

redeemable August 4, 1871 30,000 00 

Bond of Ezra Cornell, Dated September 18, 1866, 7 per 
cent, redeemable September 18, 1871 30,000 00 

Bond of Ezra Cornell, dated June 7, 1867, 7 per cent, 

redeemable June 7, 1872 30,000 00 

Bond of Ezra Cornell, dated August 1, 1867, 7 per cent, 

redeemable August 1, 1872 30,000 00 

Bond of Ezra Cornell, dated October 12, 1867, 7 per cent, 



REPORT RESPECTING THE LAND SCRIP. 67 

redeemable October 12, 1872 9,600 00 

Money in the treasury 41,083 37 



$404,683 37 



Revenue, viz. : 

Balance in the treasury on the 30th September, 1867 $15,200 79 

Amount received into the treasury during the year ending 

30th September, 1868 (see Schedule I) 1 1,603 33 

$26,804 I2 
Amount paid from the treasury during the year ending 

30th September, 1868 (see Schedule II) 14,534 72 

Balance in the treasury on the 30th September, 1868 $12,269 4° 



CORNELL ENDOWMENT FUND. 



Capital. 
This fund consists of the following item, viz. : 
Money in the treasury , $97,200 00 



REPORT OF EZRA CORNELL IN RESPECT TO COLLEGE LAND SCRJP. 
(SCHEDULE XXVI). 

To the Comptroller of the State of New York : 

In pursuance of the requirements of chapter 481 of the Laws of 1866, I, 
Ezra Cornell, do respectfully report: 

First, That I have not sold any land scrip received by me from Thomas 
Hillhouse, Comptroller of the State of New York, numbered from 1,101 
to 3,800, under a contract made with him in August, 1866, and in 1867, is- 
sued by the United States to the State of New York under the act of Con- 
gress, chapter 132, approved July 2, 1862, but have located the same, with 
the exception of eight pieces, on pine timbered lands in the State of Wis- 
consin. 

Second, ' That I have sold of the lands located with scrip so as aforesaid 
received and transferred to me to the amount of eight hundred dollars to 
A. E. Angell, due and payable on the first day of November, 1868, being 
the northeast quarter of section twenty-eight in township thirty-two north 
of range six west, containing one hundred and sixty acres, at five dollars 
per acre, and that this is a full and true amount of all the lands so sold to 
the date hereof, and the location and description thereof, the person to 
whom sold and the price agreed to be paid therefor. 



68 OPINION OF THE ATTORNEY-GENERAL 

Third, That the expenses and outlay incurred in the location and selec- 
tion of said lands, amount to two hundred and one thousand six hundred 
and eight dollars and eighty-five cents, as shown in Schedules No. I and 
No. 2, hereto annexed, which contain a full and true statement of all such 
expenses heretofore incurred with the amount and date of each item and 
the purpose for which the same was incurred, and the amount actually 
paid and the amount remaining unpaid of such expenses. 

Fourth, That the residue of the said scrip and lands included in the 
contract with the Commissioners of the Land Office dated August 4th, 1S66, 
and described in the preceding page remains unsold. 

All which is respectfully submitted. 
October 1st, 1868. 

STATE OF NEW YORK, ? 
Tompkins County, \ 

Ezra Cornell being duly sworn, says that he has read ttie foregoing re- 
port made and signed by him, and knows the contents thereof, and that the 
same is true in all respects. 

E. CORNELL. 

Subscribed and sworn, to before me this 
12th day of December, 1868. 

D. Boardman, 

Justice of the Supreme Court. 



opinion of the attorney-general in RESPECT TO THE COR- 
NELL ■ ENDOWMENT FUND. (SCHEDULE XXVII). 

STATE OF NEW YORK, ) 

Attorney-General's Office, > 

Albany, August 28th, 1868. ) 

Sir — A necessary absence from the city has prevented an earlier 
examination of the questions propounded in relation to the proposed loan 
of a portion of the " Cornell Endowment Fund " upon the security of a 
mortgage upon " Cascadilla Place." 

The authority to loan this fund upon mortgages of real estate exists, if 
at all, under chapter 554 of the Laws of 1868. This act became a law 
without the approval of the Governor by reason of his omission to return 
it to the Legislature with his objections within the time prescribed by the 
Constitution — Article 9, § 4. 

I have examined the question with all the care its importance demands, 
and am of the opinion that a loan of any part of the moneys realized by the 



OTINION OF Til E ATTORNEY-GENERAL. 69 

State from the sale of the scrip or lands donated by the United St; tes, by 
act of Congress approved July 2d, [862, upon any security other than 
stocks of the character mentioned in the act of Congress, would be a breach 
of trust on the part of the State. 

The grant was accepted by the State upon the terms and subject to the 
conditions named in the act, and by it the moneys realized from the sale 
of the scrip or lands are directed to be invested in stocks of the United 
States or of the States, or some other sale stocks, yielding not less than 
five per centum pier annum on their par value. IJy other sections of the 
law Congress requires the State to keep the fund unimpaired and to make 
good all losses of the capital or income, so that the entire proceeds of the 
sale of the lands shall be applied without diminution to the purposes of 
the act, and there can be no doubt that < 'ongress had the right to provide 
safeguards and prescribe the investments which should be made of the 
fund, and the State accepting the grant became a trustee charged with the 
duty of executing the trust in the manner prescribed by the law creating 
it and subject to all the limitations and restrictions imposed by the 
act. 

Good faith demands a strict compliance with the act of (.'ongress in all 
matters pertaining to the investment of the capital of the fund as well as 
the use ami disposal of the revenue, even if a departure from the act 
should not invalidate the grant and authorize the General Government to 
reclaim the lands or their proceeds. 

Ft is conceded that a law authorizing the investment of all the moneys 
received by the State for the scrip or lands in bonds and mortgages would 
be in contravention of the law of Congress and void. Tt is however sought, 
by the act of 1868, to distinguish between that portion of> the proceeds of 
the sales which ii assigned to the "College band Scrip Fund " and that 
which is set apart to the " Cornell Endowment fund." This distinction, 
if any exists, is ba ;ed upon the agreement between the Commissioners of 
the Land Office and Mr. Cornell, of the fourth of August, 1806, which 
does, in terms, provide for these two funds. It is not important to en- 
quire whether this agreement was in all its parts authorized by the act of 
Congress, or the laws of this State upon (he subject, and I have not con- 
sidered that question. It may never be of any practical importance. The 
Commissioners of the Land I M'licc were of the opinion thai the restrictions 
of the law of Congress did not apply to the ultimate profits to lie derived 
from the location and sale of the lands by the purchaser, but only to the 
purchase monej received by the State. I am of the opinion that whatever 
the State receives under and in virture of the contract of sale is necessarily 
a part of tin- purchase money. It is apart of the consideration for the sale 



70 OPINION OF THE ATTORNEY-GENERAL. 

and transfer of the land, and whether received directly or indirectly, by one 
name or another, it is none the less " purchase money," the price of the 
lands secured by the State as a faithful trustee disposing of the lands so as 
to secure the largest amount for the purposes of the grant. The State 
could not have taken that portion of the moneys'which now go to make 
the " Cornell Endowment Fund" for the General Fund of the State, or 
for any use foreign to the purposes of the act, without violating the trust, 
and if not it is because it is within the terms of the act of Congress, and if 
within the act so as to regulate its use it is within the act directing the 
mode of investment. 

I understand that all the moneys thus far received have been received 
upon a sale of the scrip, and that there has been no "profit from the loca- 
tion and sale of the lands by the purchaser " so as to bring the fund within 
the reasons assigned by the Commissioners of the Land Office for constitut- 
ing two funds. But, be this as it may, I would advise against loaning any 
part of the moneys received by the State for these lands upon any securi- 
ties other than those prescribed by the act of Congress, even if there were 
less doubt than there is as to the validity of chapter 554 of the Laws of 
1868. The interests of the State and of the institutions entitled to the 
revenues from the fund ought not to be hazarded unnecessarily, and it 
cannot be denied that it may with much force be claimed that all the pro- 
ceeds of these lands secured to the State constitute but one fund, and that 
subject to all the restrictions and conditions imposed by Congress. 

A sale of the land for sixty cents or any other sum per acre, with an 
agreement on the part of the purchaser to donate to the State an additional 
sum for some purpose foreign to the intent of Congress, would be a sale 
for the aggregate of both sums, and the State would be held to an invest- 
ment of the whole fbr the purposes of the act of Congress, and I can see 
nothing to distinguish such an arrangement from the one actually 
made. Respectfully yours, 

M. B. CHAMPLAIN, 

A ttorney- General. 
To Honorable Wm. F. Allen, Comptroller. 



XXV. Appropriation from the Land Scrip -Fund, 1869. — Laws 
of New York, 1869, Chapter 

From the College Land Scrip Fund. — For the Cornell University, pursu- 
ant to chapter five hundred and eighty-five of the laws of eighteen hundred 
and sixty -five, twenty-five thousand dollars. ■ 



EDITORIAL FROM THE ROCHESTER UNION. 71 

From the Cornell Endowment Fund. — For the Cornell University, pur- 
suant to chapter five hundred and fifty-four of the law; of eighteen 
hundred and sixty-eight, six thousand dollars. 



XXVI. Resolution granting Military Equipments to the Univei'- 
sity — Lt/ics of New York 1869, chapter 

Concurrent resolution relative to furnishing ordinance and ordinance Stores 
and camp and garrison equipage to the Cornell University. 
Resolved, (if the Senate concur), That the Governor be and he is hereby 
authorized and requested in his discretion, to issue from the State arsenals 
to the Cornell University, upon the requisition of the Military Professor 
of that University, or of his military assistant, approved by the President 
thereof, ordinance and ordinance stores, and camp and garrison equipage in 
amount and kind as may from lime to time be necessary for the purpose of in- 
struction in military tactics; and in case suitable arms and equipage are not 
in the State arsenals, the Governor is authorized and requested to procure the 
same by requisition on the United States ; provided, however, that no pub- 
lic property be issued under the resolution unless security for the safe-keep- 
ing and return thereof be first given by said University; and, provided 
further, that in case of need by the State, at any time, of the property of 
the State so issued, the same may be demanded and received by the Gov- 
ernor; and, provided further, that no requisition shall be complied with by 
the Governor unless in his opinion the State can safely do so. 



XXVII. Ezra Cornell and the University Lands — Editorial 
article from the Rochester "Daily Union and Advertiser' 1 '' 
of October 26th, 1869. 

THE CORNELL UNIVERSITY LAND JOB — THE NEW CONSTITUTION AND THE 
REPUBLICAN CANDIDATE FOR COMPTROLLER INSTRUMENTS OF THE 
SCHEMERS. 

Article IX of the constitution of this State is composed of one section, 

and is as follows : 

The capital of the Common School Fund, the capital of the Literature Fund 
and the capital of the United States Deposit Fund shall be respectively 
preserved inviolate. The revenues of the said Common School Fund 



72 EDITORIAL FROM THE ROCHESTER UNION. 

I 

shall be applied to the support of common schools — the revenues of the 

said Literary Fund shall be applied to the support of academies, and the 
sum of twenty thousand dollars of the revenues of the United States De- 
posit Fund shall each year be appropriated to and made apart of the cap- 
ital of the said Common School Fund. 

That Article has been materially altered in the new Constitution. To the 
funds above mentioned which are to be preserved inviolate are added "The 
capital of the college land scrip fund and the capital of the Cornell En- 
dowment Fund." The following words ' are also added to the Article: 
"The revenues of the College land scrip fund shall each year be appropri- 
ated and applied to the support of the Cornell University;" and also the 
following words : "The revenues of the Cornell Endowment Fund shall 
each year be paid to the Trustees of the Cornell Univrsity for its use and 
benefit." 

These amendments are intended to cover up and perpetuate by their in- 
corporation into the organic law one of the most stupendous jobs ever "put 
up" against the rights of the agricultural and mechanical population of the 
State. The funds which are thus sought to be perpetuated to the Cornell 
University, belonging rightfully to those classes of the people, and have been 
wrested from them and put into the hands and management of Ezra Cor- 
nell, the founder of the Cornell University, by legislation as rotten as the 
worst that ever disgraced the State. The history of the transaction is brief, 
ly as follows : By an act of Congress passed in 1862, there was granted to 
the several states for the purpose, as expressed in said act, of promoting the 
liberal and practical education of the industrial classes in such branches of 
learning as are related to agriculture and the mechanic arts, an amount of 
public lands equal in quan tity to thirty thousand acres for each Senator and 
Representative in Congress. The amount which the State of New York 
took by this grant is nearly one million acres. The grant was accepted by 
the State, and scrip for the lands issued to the Comptroller. 

In 1865 Ezra Cornell, then a State Senator, conceived the idea of secur- 
ing to himself the control of this immense grant. He projected the found- 
ing of a great University, which should rival the most famous Universities 
of Europe, to be located at a small village where he resides, called Ithaca, 
situated at or near the head of Cayuga Lake. He made this project the 
pretext for clutching these public lands and diverting them from the object 
for which Congress had given themto the State — namely, the establishment 
of schools of agricultural and mechanic arts fo rthe benefit of the " industrial 
classes." To effect this design he caused a bill to be introduced into the Leg- 
islature that year. It met with strong opposition. The colleges of the state 
maintained that the fund was large enoueh to endow ten or more institutions 



EDITORIAL FROM THE ROCHESTER UNION. 73 

with a fund amply sufficient to maintain departments of agriculture and me- 
chanic arts in many sections of the State and thus meet fully the intent of 
Congress. Genesee College made its opposition more formidable than any 
other. Mr. Cornell bought off the opposition of that College by paying it 
the sum of twenty-five thousand dollars. He tried to put it off with a prom- 
ise, but the friends of that College would not take his promise, well know- 
ing that such a promis.e, founded on such a consideration, had no validity in 
law: They required Mr. Cornell to incorporate into his bill a condition 
that he could take nothing under it until he had paid Genesee College $25, 
000 in cash. This was humiliating, but Cornell was forced to submit. 

The New York Central had its bill for an increase of way fares before the 
Legislature. Mr. Cornell, although representing a constituency nearly 
unanimously opposed to that measure, joined hands with the Railroad com- 
pany, and by supporting that bill got the powerful aid of the railroad people 
for his. It would be a waste of time and space to go into all the arts and 
means used to get this bill through. It is sufficient to state that no appli- 
ance commonly used to push "jobs" through the Legislature was neglected. 
The bill passed and became a law. Some of its features are exceedingly odi- 
ous. It contains a provision which makes the eldest male lineal descend- 
ent of Ezra Cornell a trustee of the University for all time. No matter 
what may be his moral character or the quality of his intellect, he is to be 
the custodian of all that the Cornell University will get of the magnificent 
donation of Congress. 

Ezra Cornell paid Genesee College the $25,000 and took possession of 
the grant. The next winter, he being still a Senator, he got the $25,000 
he paid to Genesee College back from the State by an appropriation for 
that purpose. Thus the people were forced to pay the money which had 
bqen used to silence opposition to the wresting of their million acres of land 
from them. 

But the idea of a great University, well enough and commendable in it- 
self, was nut the controlling idea in the mind of Mr. Cornell. He could 
see twenty live or thirty millions of dollars in the future management of 
these lands. So he induced tin- Land commissioners to sell him these lands 
for $240,1)00, it being 30 cents per acre for Soo,ooo acres. This sum he did 
not pay, but secured the State by what he terms "good seven per cents 
bonds and securities." These are supposed to be composed of railroad and 
telegraph and other stocks and bonds — an entirely different class of securi- 
ties from that required by the act of Congress. This $240,000 is what is de- 
nominated in the new Constitution as the "college land scrip fund." Mr. 
Cornell proposes to double the amount of this fund out of sales of the land 
when located. He has already a charge against the State for locating lands 



74 EDITORIAL FROM THE ROCHESTER UNION. 

payable out of this fund of over $200,000 so that this fund cannot exceed 
$280,000. Mr. Cornell also proposes to create a fund called "the Cornell 
endowment fund" out of profits to be derived by him from sales of these 
lands over and above the $280,000 which will constitute "the college land 
scrip fund," which fund shall be deemed a donation to the College by Ezra 
Cornell, and not by the State of New York. Of course it will, for Mr. 
Cornell having bought these lands at thirty cents per acre, whatever he 
gives the University by his method or reasoning is a gratuity from him. 
This fund he estimates will amount to $1,600,000. But whether he. does 
this or not depends on his own management. Now it is of some impor- 
tance just here to know what Mr. Cornell has done with this million acres 
of land. By a statement in a late number of the Ithaca Journal, Mr. Cor- 
nell's organ, it appears that Mr. Cornell has located four hundred thousand 
acres upon the choicest pine lands belonging to- the government. |These 
400,000 acres are estimated by Mr. Cornell's organ to be worth $60 per acre 
or $24,000,000. One hundred thousand are located as farming lands, val- 
ued by Mr. Cornell at $5]per acre, making $500,000. This accounts for 
only half the the lands, and yet we find the value of this half to be $24,500, 
000 ! Three hundred thousand acres of the scrip were sold by Mr. Cornell 
for $1 per acre. One hundred thousand acres of scrip are in Mr. Cornell's 
hands to be located or sold, and ninety thousand are not accounted for. 
We may safely take Mr. Cornell's estimate and call this 100,000 acres 
worth five hundred thousand dollars. Thus 600,000 acres are accounted 
for at a valuation of $24,300,000. Who would not be willing to found a Uni- 
versity under such circumstances ? 

The same article from Mr. Cornell's organ, in alluding to the donation of 
500,000 by Mr. Cornell himself to the University, states that the Univer- 
sity is likely to get two millions of dollars out of these lands. This is 
enough in all conscience for any University — more than it can advantageous- 
ly use for a long period, if ever. But what becomes of the twenty- three 
millions and over of the balance to be realized out of these lands ? The 
answer is plain. It belongs and will go to the Cornell family. Already Mr. 
Cornell has been to the Legislature to secure the passage of an act incor- 
porating a great land company of which he is chief. To this company he 
will sell these lands, fixing his own price, and his company will make from 
twenty- five to thirty millions of dollars. It can be easily seen how a man 
with little or no money invested, with such an enormous land fund put into 
his hands to manage as he sees fit, can afford to divert public attention 
from his real object by turning it towards a great institution of learning 
which he is founding. Mr. Cornell's own munificent gift of half a million 
exists only on paper. It has not been paid and is only secured to the State 



REEL Y OF MR. CORNELL. 75 

by a pledge of Western Union Telegraph stock. Having passed his bill 
and secured the fruits of the job, it required vigilant watching to keep the 
booty secure. Some future legislature might scrutinze this transaction. 
The people might find out how they had been plundered and attempt a re- 
capture of some part of the stolen properly. All this would be unpleasant 
to Mr. Cornell, so he hits on the idea of perpetuating the job by putting 
it in the new constitution. He labored long and patiently for this. At 
length by giving the chairman of the committee "on education and funds re- 
lating thereto" in the Convention, Mr. George William Curtis, an ornamental 
professorship in his University, and Prof. Theodore W. Dwight, also a 
member of the convention, another ornamental professorship in his Univer- 
sity, both of which are supposed to bear substantial salaries, with a Trust- 
eeship thrown to Horace Greeley, powerful advocates were secured and the 
thing was put into the constitution. 

If the constitution shall be ratified by the people, they will relinquish by 
such ratification their right to more than $25,000,000 in favor of Ezra Cor- 
nell. If they retuse to adopt the new constitution the Legislature may be 
honest enough to repeal this grant to Mr. Cornell in whole or in part and re- 
store to them what has been so unjustly taken away. If the people elect 
Horace Greeley to the Comptrollership they elevate to the office having 
most to do with the Cornell contract one of the parties in interest in the 
job — a Trustee of the University — who will be manipulated by Ezra Cor- 
nell as the child in such matters that he is. The Attorney General of the 
State is of the opinion that the great bulk of the college lands may be legal- 
ly reclaimed by legislative action, and this is morally certain to be done un- 
less put out of the Legislature by the adoption of the constitution. 



XXVIII. Ezra Cornell and the University Lands. — Reply of 

Mr. Cornell to the above Article. 
To the Editor of the Daily Union and Advertiser, Rochester, New York : 

Dear Sir: Your issue of October 26, containing an article headed 
"The Cornell University Land Job, The New Constitution and the Re. 
publican Candidate for Comptroller Instruments of the Schemers" has just 
come to my notice, and it does such gross injustice to the honest portion of 
the readers of your journal, that it appears to me it should be corrected so 
that they may know what is the truth in relation to an institution of learn- 
ing, and its resources in which they have so deep an interest. 

With your permission and for the object above expressed, I will as briefly 
as possible state the casean relation to the "Cornell University Lands." 



76 REPLY OF MR. CORNELL. 

By act of Congress, approved J.uly 2, 1862, it was provided that there 
should be granted to the several States for the purposes mentioned in the 
act, public lands to the amount of 30,000 acres for each Senator and Rep- 
resentative in Congress, which made the amount for New York equal to 
990,000 acres, represented by 6, 187 pieces of " College Land Scrip " of 
160 acres each. 

This "College Land Scrip" was delivered to the Comptroller of the State 
of New York, who was authorized to receive it by act, chapter 460 of the 
Laws of 1863, and with the approval and concurrence of other State officers, 
to dispose of the whole or any portion of it for cash or public stocks, yield- 
ing not less than five per cent. 

Under the authority thus conferred the Comptroller advertised the scrip 
for sale, and did sell 68,000 acres at eighty-five cents per acre, and 8,000 
acres at eighty-three cents per acre, selling in small parcels as he could find 
customers. These sales produced $64,440, which was in the treasury of 
the State at the time of the passage of the act, chapter 585 of the Laws of 
1865, chartering the Cornell University. 

During the two years that the Comptroller and State officers were sell- 
ing this 76,000 acres for $64,440 to whomsoever chose to buy it in parcels 
to suit, from a single scrip of 160 acres to as many as the purchaser desired, 
there was a controversy going on between the colleges of the State and 
their respective friends for the possession of the fund that was expected to 
accrue from the sale of this land scrip. This controversy seemed in the 
main to be between the the friends of the People's College at Havana, and 
the State Agricultural College at Ovid, each claiming the entire fund for 
their respective college, which would have amounted to $841,500, if the 
Comptroller could have sold the scrip at the price he asked for it. 

I was appealed to by the friends of the State Agricultural College to aid 
them in securing this fund for their college. I advised them to unite with 
the friends of the People's College, and make up a fund sufficient to pur- 
chase all the scrip of the State and locate it for the benefit of both colleges, 
entering into an agreement for an equal division of the profits to arise from 
the transaction between the two colleges at Havana and Ovid. I urged 
the same policy upon Hon. Charles Cook, who represented the People's 
College, offering to be one of ten gentlemen (if no more could be found to 
unite in the enterprise) to put up the funds to purchase the land scrip of 
the State. I found no one who was willing to entertain this project in be- 
half of either college, though the price of scrip in the market had fallen so 
as to range from fifty to sixty cents per acre, and the entire balance of 
914,000 acres could have been purchased readily at the time for $500,000. 

This was the situation at the period when the act was passed incorporat- 



REPLY OF MR. CORNELL. 77 

ing the Cornell University in April, 1865, and my agency in the matter. 

When the act of 1865 became operative in behalf of the Cornell Univer- 
sity, I (being unvvillling to see the college land scrip sacrificed at sixty 
cents per acre, the utmost that it could be sold for,) determined to purchase 
it, and do for the University, individually, what I had offered to unite 
with others in doing for the other colleges. I therefore purchased of 
Comptroller Robinson, by the approval of the State officers, 100,000 of the 
college land scrip at fifty cents per acre, binding myself in the agreement 
to locate the lands, pay the taxes thereon, and sell the same, and when 
sold to pay over the profits arising from such sales, charging nothing for my 
own services, to the trustees of Cornell University for the use of that 
institution. 

Thus was 176,000 acres of college land scrip disposed of prior to Decem- 
ber, 1865, leaving in the possession of the Comptroller scrip for 814,000 
acres to be disposed of under authority of the act, chapter 481 of the Laws 
of 1866, whereby the Comptroller is authorized to fix the price of the col- 
lege land scrip at not less than thirty cents per acre, and contract for the 
sale thereof and sell the same to the trustees of the Cornell University. If 
the trustees do not purchase the scrip, then the Commissioners of the Land 
Office may sell the scrip to any person or persons who will "make an agree- 
ment and give security for the performance thereof to the satisfaction of 
the Comptroller to the effect that the whole net avails and profits from the 
sale of scrip, or the location or use by said person or persons of the land 
located under said scrip, shall from time to time, as such net avails or prof- 
its are received, be paid over and devoted to the purposes of such institu- 
tion or institutions as have been or shall be created by the act, chapter 585 
of the Laws of 1865 of the State of New York, in accordance with the pro- 
visions of the act of Congress heretofore mentioned. 

By the authority of the act, chapter 481 of the Laws of 1866, the Com- 
missioners of the Land Office contracted to sell to me the balance of the 
college land scrip representing 814,000 acres of land on the basis of a prop- 
osition contained in a letter of which the following is a copy : 

" Albany, June 9, 1866. 
To Hon. Thomas Hi /I ho use, Comptroller: 

Dear Sir, In reply to your favor of May 15, 1866, expressing the con- 
clusion you had come to after a careful consideration of the act, chapter 48.1 
of the Laws of 1866, I most respectfully inform you that I differ with you, 
in regard to the proper construction and intent of the law. Appreciating, 
however, as I do most fully, your motives for desiring to give the utmost 
possible security and permanency to the funds which are, in a great degree, 



78 REPLY OF MR. CORNELL. 

to constitute the endowment of Cornell University, I shall most cheerfully 
accept your views so far as to consent to place the entire profits to be de- 
rived from the sale of lands to be located with the college land scrip in the 
treasury of the State, if the State will receive the moneyas a separate 
fund from that which may be derived from the sale of the scrip, and will 
keep it permanently invested, and appropriate the proceeds from the income 
thereof, annually to the Cornell University, subject to the direction of the 
trustees thereof for the general purposes of said institution, and not to 
hold it subject to the restrictions which the act of Congress places upon 
the funds derived from the sale of the college land scrip, or as a donation 
from the Government of the United States, but as a donation from Ezra 
Cornell to the Cornell University. 

Acting upon the above basis I propose to purchase said land scrip, as 
fast as I can advantageously locate the same, paying therefor at the rate of 
thirty cents per acre in good seven per cent bonds and securities, and obli- 
gate myself to pay the profits as specified in chapter 481 of the Laws of 
1866, into the treasury of the State as follows : 

Thirty cents per acre of said profits to be added to the college land scrip 
fund, and the balance of said profits to be placed in a separate fund to be 
known as the Cornell Endowment Fund, and to be preserved and invested 
for the benefit of said institution, and the income derived therefrom to be 
paid over annually to the trustees of said University for the general pur- 
poses of said institution. 

If the aT^ove proposition is accepted by the Comptroller, and the amount 
of profits realized from the sale of the lands which I believe can be, it will 
produce the following sums as the endowment property of said Uuiversity: 

First, The amount in the treasury of the State, received from sales is 
$114,000; the amounttobe received from the sale of 800,000 acres of scrip 
at thirty cents per acre, $240,000; the amount of profits equal to thirty cents 
per acre on 800,000 acres to bring the college land scrip fund up to the 
market value of the scrip, $240,000; making the total amount of the college 
land scrip scrip fund, 594,000. 

Second, A fund to be raised from the balance of profits which are ex- 
pected to arise from the sale of lands located with the 800,000 acres of scrip 
(after paying the above thirty cents per acre), estimated to be two dollars 
per acre, $1,600,000. 

Third, The fund donated by Ezra Cornell to meet the requirements of 
the act of the Legislature, chapter 585 of the Laws of 1865, $500,000. The 
amount of profit on 100,000 acres of land already entered ($2.50 per acre) 
$250,000, making the total endowment $2,944,000. 

If my expectations are realized, the above will be the amount of cash 
funds invested in productive securities. ' 



REPL Y OF MR. CORNELL. 79 

In addition to the above, I have donated to the University a farm and 
building lots to the value of $50,000 upon which its buildings are being 
erected; also, $10,000 in cash to purchase the Jewett cabinet of Palceontol- 
ogy, of New York. Yours Respectfully, 

Ezra Cornell. 

Acting on the above proposition, the Commissioners of the Land Office 
contracted with me for the sale of the land scrip at thirty cents per acre, 
payable on the delivery of the scrip, and thirty cents per acre additional, 
payable from the proceeds of the sale of lands, I obligating myself to lo- 
cate the lands and pay all expenses and taxes, and sell the lands and scrip, 
and pay over all the profits arising from the transaction in any and every 
way to the Comptroller for the benefit of the Cornell University, giving the 
Comptroller at the same time satisfactory security for the performance of 
any agreement. 

Under that agreement, and a like agreement made with Comptroller 
Robinson, I have located something over half a million acres of the best 
lands I could find, subject to entry by the laws of Congress, of which 
about 400,000 are white pine timber lands in Wisconsin of great value. 

I have also sold land scrip to represent about 280,000 acres at from nine- 
ty cents to one dollar per acre, the proceeds of which have been paid over 
to the Comptroller, and invested for the respective funds to which it be- 
longs, without even one cent being retained by myself or any other person 
for compensation, expenses or commission. 

There is still in the possession of the Comptroller, which has not been 
delivered to me, over one hundred thousand acres of scrip which I shall be 
glad to sell at one dollar per acre. 

Thus all the college land scrip donated to New York State is accounted 
for, without leaving "one hundred thousand acres of scrip still in the 
hands of Mr. Cornell, to be located or sold, and ninety thousand not ac- 
counted for," as charged by the Union. 

Nor has he "already a charge against the State for locating the lands, 
payable out of this fund, of over $200,000, so that this fund cannot exceed 
$280,000," as charged by the Union. 

I have made no charge against the State, and have no authority to make 
any charge against the State by either of my agreements with the State, for 
locating the lands or for any other expenses I may incur in transacting this 
business. 

I have, however, incurred and paid more than two hundred thousand 
dollars in hunting lands, land office fees for entering the lands, taxes, inter- 
est, and the various expenses that are involved in such an undertaking, but 
the State is in no way responsible for anything I have thus expended. I 



80 RE PL Y OF MR. CORNELL. 

can only hope for its repayment to me from the sales of the land, as the 
agreement provides that these expenses shall be deducted from the sums 
received from the sales of land, in order to determine what amount of profit 
has arisen from the transaction. 

It is possible that I have made some of those expenses larger than other 
persons would have made them. This may be true of the expense of hunt- 
ing the lands to locate. Knowing that the whole success of the undertak- 
ing depended on finding and locating the best lands in the possession of the 
Government, subject to entry, I employed the best help I could find to 
perform this part of the service, and paid such price only as I was com- 
pelled to pay, to secure agents in whom I had confidence. If by so doing 
I have secured the location of 400,000 acres of white pine timber land 
which will average 8,000 feet of lumber per acre, as I believe I have, I see 
no reason to complain of the price paid for hunting and locating it, which 
has not exceeded thirty cents per acre. Nor can I see why others should 
complain inasmuch as they incur no portion of the expense or risk of the 
business and may enjoy the benefits resulting from my labors and expendi- 
tures for generations to come. 

It may not be out of place here tp notice that the Union says, "Already 
Mr. Cornell has been to the Legislature to secure the passage of an act in- 
corporating a great land company of which he is chief. To this company 
he will sell these lands, fixing his own price, and his company will make 
from twenty-five to thirty millions of dollars." The truth of this story is 
as follows : I have procured the passage of an act incorporating a land 
company, and have solicited subscriptions to the capital stock thereof. The 
proposition is to sell to said comprny 100,000 acres of those pine lands of 
an average quality of the whole at five dollars per acre, or $500,000 for the 
100,000 acres of land. 

This land which I thus offer to the "great land company" for five dol- 
lars per acre is worth, I believe, many times that sum per acre, not of course 
in present market value, but in the money product of cutting and sending 
the timber to market at the present estimate of quantities and values. I 
also propose to take fifty thousand dollars of the capital stock of the com- 
pany for myself and have solicited subscriptions diligently for more than a 
year for the balance of the capital stock of this " great land company," and 
still there is more than $200,000 which have not been subscribed. I am 
desirous of getting this stock subscribed and the sale of the 100,000 acres 
consummated, so that the net profits of the transaction, which will amount 
to nearly $400,000, may be paid in to the Comptroller and invested ($30,- 
000 to the credit of the college land scrip fund and the balance to the credit 
of the Cornell Endowment fund,) for the benefit of the Uuiversity, thus 



REPLY OF MR. CORNELL. 81 

adding from twenty to twenty-five thousand dollars per annum to the re- 
sources of that institution. Will the friends of the Union take some of this 
stock and thus secure a capital investment ? They are cordially invited to 
join the company, and will lie admitted on terms as favorable as the most 
favored. 

This whole transaction is so plain and simple in its nature that it sur- 
prises me to find it misunderstood by anybody. 

I will again state the case as briefly as possible — Congress donates to 
the State of New York land scrip representing 990,000 acres of land, stip- 
ulating that the State shall not locate and acquire title to the lands, but 
may sell the scrip and assign it to other parties who may locate and acquire 
title to the lands. The large amount of similar scrip put upon the market 
by New York and other States brings the price down to sixty cents per 
acre, (and more of the states sold their scrip below than above that price), 
at which price the New York Scrip would realize a fund of $594,000 as the 
utmost that the state officers could make of it. Feeling a deep interest in 
the question of practical education in agriculture and the mechanic arts for 
which this fund was donated by Congress, I volunteered to undertake to 
create a fund three or four times as large as that which the State could pro- 
duce, for the same object that Congress intended, and at my own risk and 
expense without charging a single dime to any body for my services. And 
this I undertook for the Cornell University only after the friends and foun- 
ders of other colleges declined to join a united effort in which I proposed 
to be responsible for one -tenth of the risk and expense of creating this 
larger sum for the endowment of those colleges. 

This is all there is of it. This is the sum total of my offending. 

Now as to the result of this business finally I cannot say. But I have 
confidence that it will realize as much- or more than I anticipated, and 
whether it is three millions or thirty millions of dollars, it will all be paid 
over to the Comptroller of the State of New York, for the purposes speci- 
fied in the agreement, and the State of New York will appropriate the 
proceeds of the fund as stipulated in the bond, whether the fund is pro - 
tected by the organic law of the constitution or not. 

As to the other charge of "swindling," "corruption," &c, &c, permit 
me to say that I have lived in this State from my birth, more than sixty 
years. I have had personal relations with great numbers of my fellow cit- 
izens, and official relations with all of them. To their judgment on you 
and me I leave your epithets of " swindler" and " corruptionist. " 

Respectfully, 

EZRA CORNELL. 



82 COLLEGE LAND SCULP FUND. 

XXIX. College Land Scrip Fund mid Cornell Endowment 
Fund. — Extracts from the Comptroller's Report, 1870, pages 
40, gi, 100, and 149. 

COLLEGE LAND SCRIP FUND AND CORNELL ENDOWMENT FUND. 

These funds have a common origin, and the revenues arising from them 
are devoted to the same general purpose. Both funds may be regarded as 
an endowment of "Cornell University," and the only essential difference 
existing now, or that will exist, unless the university shall in some way 
forfeit the right to the revenues of the "College Land Scrip Fund," is in 
the different objects in aid and advancement of the university to which the 
revenues of the two funds can be applied. No portion of the first named 
fund can be applied directly or indirectly to the purchase, erection, pres- 
ervation, or repair of any building or buildings, while the income of the 
other can be applied to any and all purposes of the university in the discre- 
tion of the trustees. 

As suggested in the last annual report of the Comptroller, to which the 
Legislature is respectfully referred, there is reason to doubt the validity of 
the transaction and arrangement by which two distinct trusts were estab- 
lished of the funds realized from the sale of the agricultural college lands, 
or any departure from the rule prescribed by Congress for the appropria- 
tion and use of the income arising from an investment of the proceeds of 
such sale. The Attorney-General was of the opinion that all the moneys 
that should come into the treasury from the disposal of the scrip or lands 
by the State, should constitute the capital of a fund, the income of which 
could only be appropriated to the purposes prescribed by Congress. (See 
letter of Attorney-General, Schedule XXVII., annexed to the last annual 
report of the Comptroller.) 

This is a question that should be speedily settled by competent authority, 
as it essentially concerns the interests of the university, and affects the du- 
ties and liabilities of the State. The administrative officers of the State 
can not determine it. It is a question of immediate practical importance 
to the State, the university, and Mr. Cornell, the founder of the university 
and purchaser of the scrip from the State. The capital of the College 
Land Scrip Fund is $404,695.87, about the same as last year. If a con- 
tract which has been made for the sale of 637 pieces of scrip is performed, 
the capital of this fund will be somewhat increased during the current year. 
The Cornell Endowment Fund also remains about the same as last year 
($97,284.61). 

If the lands located with the scrip under the contract of Mr. Cornell 



COLLEGE LAND SCRIP FUND. 83 

with the Commissioners of the Land Office shall produce anything like the 
sum at which they are appraised, or even one-half of the estimated value, 
the Cornell Endowment Fund will soon be much the largest, and may be- 
come the principal fund. 

The scrip remaining unsold has been, since the close of the fiscal year, 
contracted to be sold at the rate of eighty-five cents per acre, and will yield 
the sum of $87,651 20. There belongs to the same fund one hundred pieces 
of scrip issued to North Carolina, which has been sold for $12,000, and 
these two sums will be added to the capital of the College Land Scrip 
Fund. The only other addition that can be made to that fund will be the 
thirty cents per acre upon the lands located by Mr. Cornell, with the scrip 
delivered to him, and for which location certificates have been issued and 
assigned to the State. The locations embrace over 400,000 acres, princi- 
pally in Wisconsin and Minnesota (the greater part in Wisconsin). These 
locations are said to be mainly well timbered pine lands bordering on 
streams, furnishing facilities for floati«g the timber to market, and they are 
estimated to be worth much more than five dollars per acre in the aggre- 
gate ; and the Commissioners of the Land Office are not asked to fix the 
minimum price at which they may be sold at less than that sum per acre. 
Should they be sold for no more than five dollars per acre, they would yield 
at least $2,000,000. Of this there would belong to the. College Land Scrip 
Fund, only $120,000: and the balance, $1,880,000, less the cost of locating 
and the taxes, would go to the credit of the Cornell Endowment Fund. 

If it should come to pass that the university should deem it advantageous 
to surrender the benefits of the College Land Scrip Fund rather than com- 
ply with the requirements imposed by the act of Congress, and the laws of 
this State, as the conditions upon the performance of which depends the 
right to receive the revenue of the fund, it could nevertheless, if the ar- 
rangement for constituting the two trusts is valid, retain the full benefit of 
the Cornell Endowment Fund, and thus secure and retain the substantial 
benefits of the Congressional gift, without bestowing the benefits which 
the donation was intended to secure to the public. 

The fact that such a contingency is very unlikely, and so unlikely as' to 
be deemed almost impossible, furnishes no reason for not guarding against 
it, and placing the fund in such position that by no possibility any part of 
the revenue can be diverted from the purpose to which it was consecrated 
by the donors. 

Under the contract by which the two funds were established, Mr. Cor- 
nell agreed to pay the State thirty cents per acre for the scrip on its trans- 
fer, and to pay into the treasury all the net profits arising from all sales or 
leases of the lands, the net profits to be ascertained by deducting, from the 
gross receipts on sales, the thirty cents thus paid together with "the costs 



84 COLLEGE LAND SCRLP FUND. 

and expenses attending the location, management and sale of said lands, 
the taxes assessed and paid on the same," by Mr. Cornell, with interest at 
the rate of seven per cent per annum. From the net profits thus ascer- 
tained, an additional thirty cents per acre is to be added to the " College 
Land Scrip Fund," and the balance constitutes the "Cornell Endowment 
Fund." 

The act of Congress requires " all the expenses of management, super- 
intendence, and taxes from the date of selection to be paid by the State to 
which they may belong, out of the treasury of the State," so that the en- 
tire proceeds of the sale of said lands shall be applied without any diminu- 
tion whatever to the purposes "to which they are devoted by the act." A 
serious question arises whether the creation of an agency for the sale of 
the lands for the benefit of the institution claiming the benefit of the grant 
will relieve the State from the burden of these payments, which it has as- 
sumed by accepting the donation on the terms proposed. 

The " costs and expenses " attending the location of the lands up to 
October I, 1868, as reported by Mr. Cornell to the Comptroller, in Decem- 
ber, 1868, were $201,608.85. The items will be found in Schedule XXVI, 
annexed to the last annual report of the Comptroller. Of this amount 
$118,448 was for the services of an agent in selecting and locating the lands 
during the years 1866 and 1867. 

By the report made by Mr. Cornell of the sales of, and receipts and pay- 
ments on account of the lands, during the fiscal year, which is annexed to 
the report as Schedule XXVI, it appears that the sales have been inconsid- 
erable, and that only $250 have been received on such sales. That sum 
has not been paid into the treasury. 

The taxes upon a portion of the lands prior to 1869 are 

stated by Mr. Cornell (estimated in part) at $60,583 91 

Of these taxes there have been paid by Mr. Cornell as 
appears by his report 43, 169 82 

Leaving due for taxes prior to 1869 $17,414 09 

The taxes upon the lands in Stearns and Lincoln counties, Minnesota, 
are not included. 

It is understood that most, if not all of these lands have been sold for 
non-payment of taxes on one or more occasions, and that the payments 
made by Mr. Cornell have been either in the redemption or purchase of 
the certificates of sale. 

It is quite evident that in the proper management of this trust additional 
legislation is necessary. If the lands could be sold at once for money, the 
administration of the fund would be simple and easy. It would only call 



COLLEGE LAND SCRLP FUND. 85 

for an investment of the proceeds, and the annual collection and appropria- 
tion of the revenue. But the case is far different. The scrip which was 
but the evidence of the right to locate, and appropriate lands, and which 
was subject to no risk or expense, has been exchanged for certificates of 
location of specific tracts of lands in the name of Mr. Cornell, by which 
the property has become subject to taxation, and liable to be lost to the 
fund of the State, upon a sale for the non-payment of taxes ; and if lost, 
the State is bound to make the fund good from the treasury. 

The State should, therefore, by legislation confer upon its financial offi- 
cer the power, and place at his disposal the means to protect it against such 
loss. Whether there are any other risks of loss by reason of the peculiar 
situation of the title, the Comptroller is not advised. The patent when 
issued will be in the name of Mr. Cornell, but the Comptroller is advised 
that it cannot by law, and the usage of the government, be delivered except 
upon the surrender of the certificates of location which have been assigned 
to the State, and are now held by the Comptroller in trust, so that it would 
seem there could be no serious risk of loss of title except for non-payment 
of taxes and assessments levied by State authority. It is not intended to 
intimate a doubt of the ability or readiness of Mr. Cornell to fully protect 
the property against the taxes, and the State against loss, and secure to the 
university that bears his name, and has been established by his bounty, 
the full benefit of this immense fund; but the State, whether acting as 
trustee, as in this case, or in the administration of its own property, should 
delegate the proper power to its own agents to guard its interests, and not 
rely upon individual action. 

Another subject connected with the administration of this trust requires 
legislative action. Neither the legislation or the contracts with Mr. Cor- 
nell provide for the circumstances now actually existing. Both were, 
doubtless, appropriate and sufficient, as they probably looked to a speedy 
and absolute sale of the lands for money. That has not, and probably will 
not be accomplished, but the lands will have to be sold as purchasers can 
be found, and mainly upon credit. Now, while the State is responsible to 
the federal government directly by the terms of the donation and its accept- 
ance for the safe-keeping and investment of the entire proceeds of the sales, 
and to the university as the beneficiary and cestui que trust for the faithful 
administration of the trust, there is no provision made by which it can dis- 
charge its obligations. The Commissioners of the Land Office may fix the 
minimum price at which the lands shall be sold, and the Comptroller may 
require from Mr. Cornell annually, or oftener, reports under oath of his 
dealings with the lands in such form as he may prescribe. The whole pro- 
ceeds may be received by Mr. Cornell or his successor in interest, and 
beyond the first thirty cents per acre he cannot be required to pay a dollar 



86 LAND SCRIP AND CORNELL ENDOWMENT FUND. 

into the treasury except as net profits of the sales, and with no arbiter to 
adjust and determine the sums proper to be deducted from the gross sales 
as and for the costs and expenses to be allowed and charged against the pro- 
ceeds, or to state an account-of the net profits to be paid into the treasury. 
No power is conferred upon any officer of the State to audit and allow the 
costs and expenses claimed, and adjust the accounts. The power is with 
Mr. Cornell, with whom the proceeds of the sale will be, to pay into the 
treasury such sums as he shall consider to be net profits, and under the 
present statutes and the existing contracts (if the latter are valid) it is 
doubtful if his judgment and action is subject to any control or review ex- 
cept by a resort to the courts to compel an accounting. 

This is not the way in which a trust fund under State administration 
should be left. The attention of the Legislature is respectfully called to 
the subject. 



ON ACCOUNT OF THE COLLEGE LAND SCRIP FUND. 

Capital, viz. : 

Purchase of United States stock, 6's, redeemable after 

July, 1872 $35,000 00 

Purchase of State stock, $6,000, 5's of 1875, less dis- 
count 5,987 50 

$40,987 50 

Revemie, viz. : 

To the Cornell University $18,000 00 

Accrued interest on stocks purchased 978 64 

Premium on stocks purchased 1,621 36 

Commissions on stocks purchased . 8750 

$20,687 50 



ON ACCOUNT OF THE CORNELL ENDOWMENT FUND. 

Capital, viz. : 

Purchase of United States stocks, 6's, redeemable after 

July, 1872 ; $30,000 00 

Purchase of State stocks, 6's of 1872 15,000 00 

Purchase of State stock, 6's of 1873 .* 14,000 00 

Purchase of State stock, 6's of 1 878 13,000 00 

Purchase of State stock, $25,000, 5's of 1875, less dis- 
count 24,915 39 

$90,915 39 



LAND SCRIP AND CORNELL ENDOWMENT FUND. 87 

Revenue, viz. : 



Accrued interest on stocks purchased. 

Premium on stocks purchased 

Commissions on stocks purchased 



COLLEGE LAND SCRIP FUND. 



$1,069 7 2 

2,391 12 

75 00 



$3-535 84 



Capital. 

This fund consists of the following items, viz. : 

Seven per cent State stock, issued in pursuance of chap- 
ter 325, Laws of 1865, and chapter 209, Laws of 1866, 
redeemable April J, 1877 

Five per cent State stock, issued in pursuance of chapter 
216, Laws of 1848, redeemable July I, 1875 

United States 6 per cent, 5-20, registered stock, author- 
ized by act of Congress, approved March 3, 1865, re- 
deemable at pleasure after July 1, 1872 

Bond of Ezra Cornell, dated November 24, 1865, 7 per 
cent, redeemable November 24, 1875 

Bond of Ezra Cornell, dated August 4,1866, 7 per cent, 
redeemable August 4. 1871 

Bond of Ezra Cornell, dated September 18, 1866, 7 per 
cent, redeemable September 18, 1871 

Bond of Ezra Cornell, dated June 7, 1867, 7 per cent, 
redeemable June 7. 1872 

Bond of Ezra Cornell, dated August I, 1867, 7 per cent, 
redeemable August 1, 1872 

Bond of Ezra Cornell, dated October 12, 1867, 7 per 
cent, redeemable October 12, 1872 

Money in the treasury 



Revenue, viz. : 

Balance in the treasury on the 30th September, 1868 

Amount received into the treasury during the year ending 
30th September, 1869 (see Schedule I) 

Amount paid from the treasury during the year ending 
30th September, 1869 (see Schedule II, page 91) 

Balance in the treasury on the 30th September, 1869 



$64, 


000 


00 


116, 


000 


00 


45: 


,000 


00 


5°. 


000 


00 


30,000 


00 


30, 


000 


00 


30,000 


00 


30 


,000 


00 


9: 


600 


00 




95 


«7 


$404,695 87 


$12, 


269 


40 


23.551 


50 


$35, 


820 


90 


20, 


687 


50 


$15. 


1 2>2> 


40 



88 REPORT OF EZRA CORNELL FOR 1869. 

CORNELL ENDOWMENT FUND. 

Capital. 

This fund consists of the following items, viz. : 

United States 6 per cent 5-20 registered stock, author- 
ized by act of Congress, approved March 3, 1865, re- 
deemable at pleasure after July 1, 1872 $30,000 00 

Six per cent State stock, issued in pursuance of chapter 

271, Laws of 1859, redeemable July 1, 1872 15,000 00 

Six per cent State stock, issued in pursuance of chapter 

23, Laws of 1855, redeemable January 1, 1873 10,000 00 

Six per cent State stock, issued in pursuance of chapter 

329, Laws of 1854, redeemable July I, 1873 4,000 00 

Six per cent State stock, issued in pursuance of chapter 
216, Laws of 1848, redeemable July 1, 1878 I3>000 00 

Five per cent State stock, issued in pursuance of chapter 

216, Laws of 1848, redeemable July 1, 1875 25,000 00 

Money in the treasury 284 61 

$97,284 61 



Revenue, viz: 

Amount received in the treasury during the year ending 

30th September, 1869 (see Schedule I) $6,49^ 39 

Amount paid from the treasury during the year ending 

30th September, 1869 (see Schedule II) 3,535 84 

Balance in the treasury on the 30th September, 1869 $2,962 55 



REPORT OF EZRA CORNELL IN RELATION TO COLLEGE LAND SCRIP. 

To the Comptroller of the State of New York : 

In pursuance of the requirement of chapter 481 of the Laws of 1866, I, 
Ezra Cornell, do respectfully report : 

That I have sold of the lands located with scrip under my contract with 
Thomas Hillhouse, Comptroller of the State of New York, to the amount 
of $834, to Van Buren Barrow, due and payable on the first days of April 
and July, 1869, being No. 1,743, tne fractional northeast quarter of section 
twenty-three, in township thirty-three north, of range eight west, contain- 
ing 139 acres, at six dollars per acre, and have given a contract to deed the 
same when fully paid for; that on the second day of July, 1869, said Bar- 
row paid on account of said contract $250, which is all that has been paid 
thereon to this date. 

That contracts were made Avith parties which have not been fulfilled, as 
follows : With S. D. Sprague for southwest quarter of section twenty- 



REPORT OF EZRA CORNELL FOR 1869. 89 

four, in township thirty-six north, of range seven west, containing 160 
acres, at six dollars per acre, on the sixth day of November, 1868, No. 
2,342 ; that shortly after said Sprague broke his leg and relinquished the 
contract. With Michael C. Harris and Robert Roberty for the west half 
of section seven (Nos. 2,454 and 2,456), in township thirty-seven north, 
of range six west, containing 337 60-100 acres, at six dollars per acre, 
amounting to $2,025.60, on the seventh day of November, 1868, payable 
in July, 1869, and July, 1870, with three per cent per annum, interest; that 
up to the 30th of September, 1869, no payment had been made, but that a 
portion would probably be collected by or before the first day of January, 
1870, the logs cut on said land being held as security for the payments. 

That this is a full and true account of all the lands so sold to the date 
hereof, and the location and description thereof, the persons to whom sold 
and the price agreed to lie paid therefor. 

As far as I have returns for taxes assessed and interest thereon in the 
several counties in Wisconsin, they are as follows: 

County. Year. Tax. Interest Total- 
Clarke 1866 $ 165 16 $8258 

1867.... 718 93 179 73 

1868.... 1,403 98 168 48 

$2,718 86 

Eau Claire 1866.... $586 13 $293 06 

1867 607 19 121 44 

1868 586 24 70 35 

2,264 4 1 

Dunn 1866 $139 52 $6976 

1867 380 08 95 02 

1868 391 40 46 97 

— I I ' 122 75 

Dallas 1866 $19808 $9904 

1867 849 63 212 41 

1868 752 32 90 28 

2,201 73 

Chippewa 1866 $ 2,512 53 (interest included) 

1867 14,766 54 " " 

1868 24,874 22 " 

42.153 29 

Ashland 1867.... $1,170 59 

1869 4.590 00 

5,760 59 

Marathan 1S67 $ 702 00 

1S68 r -953 00 

; 2,655 °° 

Minnesota. 

Pope '. 1867 $350 28 

1868 479 67 829 95 

Carried forward $59,706 58 



9 o 



REPORT OF EZRA CORNELL FOR il 



County. Year. 

Brought forward 

1866 ) 

Kandiyohi 1867 > . 

1868 ) 
Stearns, no statement/. 
Lincoln, no statement. 

Chase 1867... 

1868... 



Dickinson . 



1867 



5133 92 



Kansas. 

$23 19 

29 47 

$690 75 



Interest. Total. 

$59,706 58 

133 92 



52 66 
690 75 



$60,583 91 

Some of the above are estimated. 

Of the above, payments have been made as follows : 

For Chippewa county f $4 2 ; J 53 2 9 

For Pope county, Minn 829 95 

For Kandiyohi county, Minn 133 9 2 

For Chase county, Kansas 5 2 DD 

$43,169 82 



Leaving due for taxes prior to 1869 $17,414 09 

Which I hope soon to settle upon satisfactory terms. 

Yours respectfully, 
Ithaca, September 30, 1869. EZRA CORNELL. 

Tompkins County, ss. : 

' Ezra Cornell, of Ithaca, being duly sworn, says that the foregoing and 
within report signed by him is in all respects true, and that the sum therein 
stated as having been expended and paid by this deponent, have been paid 
and expended for the purposes therein stated, and that there are no other 
liens, charges or encumberances on the lands referred to in said report, 
to the knowledge or belief of this deponent, other than for the taxes 
mentioned in said report as remaining unpaid thereon, and the balances 
due me for locating the lands, and further says not. 

EZRA CORNELL. 

Subscribed and sworn to this 30th ^ 

day of November, 1869, before me, ) 

Edward I. Moore, Notary Public. 



LIBRARY OF CONGRESS 



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